













LIBRARY OF CONGRESS. 

j *- 

Cliaprl... Copyright No._ 


UNITED STATES OF AMERICA. 












JUN 7 

of Ccng'^ 





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THE 


GOVERNMENT OF THE PEOPLE 


OF THE STATE OF 

TEXAS 



GEORGE PIERCE GARRISON, Ph.D. 

Professor of History, University of Texas 



Of co^e;' . 

i MAY2S,E^g5 1 

PHILADELPHIA v/ 

Eldredge & :6r%ther, 


No. 17 North Seventh Street 

1898 


pl':' 


2nd COPY, 
1898. 


o 


800V) 



c.. 


} 



- — -- 

Entered, according to Act of Congress, in the year 1898, by 
ELDREDGE & BROTHER, 
in the Office of the Librarian of Congress, at Washington. 

-- — ----- 


WESTCOTT A THOMSON, 
ELECTROTYPERS, PHILADA. 










This book is intended especially for use in high schools. 
The purpose kept steadily in view in writing it is to give a 
description of the origin and growth of the State of Texas 
and the present working of its government that shall be 
both easily understood, and also, in a manner at least, 
logical and scientific in its arrangement. To present a 
subject capable of such treatment in any other way, es¬ 
pecially in a work written for young students, is a peda¬ 
gogical crime. Whether the object has been accomplished 
is a question that critics might ask fairly enough ; but that 
the task has been properly set can be denied by none. 
Teachers that may undertake to use the hook are there¬ 
fore urged to do so with constant reference to the Topical 
Analysis given in the Appendix. 

That a prospective citizen should be taught something 
about the government in which, according to the principle 
of popular sovereignty, he must soon have a more or less 
important share, is a proposition so evidently true as to 
make its assertion seem like a waste of argumentative 
energy. That he should learn to think of it as an agency, 
created for the public benefit, and not as his master or his 
enemy, and to consider himself a participant in its deserts, 
whether of praise or blame, is equally true. It is only 
such a feeling that will afford any security against the 
failure of popular self-government. The seed of general 

iii 



IV 


PREFACE. 


suspicion and distrust of the people’s representatives, 
sown in the soil of general ignorance of civic duty, can 
have no other harvest than the tyranny of the demagogue 
or the anarchic rule of the mob. If this lesson has not 
rippled from my pen in every paragraph, it has none the 
less been singing all the while through my heart and 
brain. 

In conclusion, I would gratefully acknowledge impor¬ 
tant assistance in gathering and shaping the material for 
this work given by the various heads of departments of 
the State government, or their chief clerks, and especially 
by Professors Robert L. Batts, David Franklin Houston, 
and John C. Townes and Instructor Lester Gladstone 
Bugbee, to each of whom I am indebted for valuable 
suggestions. 


University of Texas, > 
Austin, Texas. / 


G. P. G. 



CHAPTER page 

I. Introductory. 7 

II. Historical Sketch of Texas.11 

III. The Government of Texas. 38 

IV. The State Government.56 

V. Local Government. 81 


The State Constitution.91 

Appendix.154 

Index.158 


ILLUSTRATIONS. 


-- 

The State Flag. Frontispiece. 

The Alamo.11 

La Salle. 12 

Stephen F. Austin.23 

Sam Houston.30 


The Great Seal of the State of Texas.38 

The State Capitol at Austin.57 






















THE 


CIVIL GOVERNMENT 

OF 

TEXAS. 

CHAPTER I. 

INTRODUCTORY. 

1. Society.—None of us lives to himself alone. Each 
can best understand and explain himself, as well as others, 
only as a part of humanity at large. Most of the expe¬ 
riences and acts which make up our lives are the result of 
our relations to the rest of mankind. These relations may 
be of blood, of friendship, of simple acquaintance, of busi¬ 
ness, or of any other kind; but, whatever their nature, 
they serve to hold men together in great organized masses 
or bodies. Such a mass or body is a society. 

Societies differ from each other in various respects, as in 
race, in customs, in religion, in employments, in education, 
and in general refinement. What the characteristics of a 
society are depends partly upon the people who compose 
it and partly upon the land from which it lives. Whether 
it is pastoral, agricultural, mining, or manufacturing de¬ 
pends mainly upon the land; while the degree of freedom 
and the rate of progress find their explanation principally 
in the people. How land and people have worked upon 
each other so as to give any society its peculiar traits is 
shown by its history. 


7 


8 


THE CIVIL GOVERNMENT OF TEXAS. 


2. The State, Society Politically Organized.—The 
political organization, or that whose function is control of 
the society or the regulation of its relations with other 
societies, is the State. In the most highly civilized countries 
the people are now politically organized and govern 
themselves. Civil government deals with the form and 
functions of this organization. 

3. The Constitution.—It is usually the case that in 
organizing the State, the framework and the fundamental 
principles of the government are established by means of 
a constitution. This is commonly made by a convention 
composed of delegates elected by the people for that pur¬ 
pose.^ The constitution is intended to be a condensed ex¬ 
pression of the will of the people as to how they shall be 
governed, made in the most direct way possible. Of 
course, however, the delegates in convention would likely 
place in the constitution only those principles which the 
people have already accepted, either as parts of their tra¬ 
ditions or as the teachings of their experience. For ex¬ 
ample, the legislature would no doubt be made to consist 
of two houses, mainly for the reason that this arrange¬ 
ment, in one form or another, has prevailed so long and so 
generally. Again, there would probably be some provision 
to regulate the creation and control of private corporations, 
such as railways or telegraph companies, because the peo¬ 
ple have been led by experience to believe such regulation 
to be necessary. But traditions and political or social ex¬ 
perience are matters of history. Therefore the constitution 
of a State is to be explained finally by the history of the 
people who make it. 

4. The Statutes.—After the form and fundamental 
principles of the government have been established by 
the constitution according to the will of the people, their 

' Sometimes constitutions are put into effect after being adopted 
simply by the conventions that make them, but in most cases they are 
also ratified by a vote of the people. 



INTRODUCTORY. 


9 


will is further expressed in laws or statutes made by their 
representatives. These laws or statutes are simply de¬ 
tailed regulations of government intended primarily, like 
the constitution itself, to “ establish justice ” in the rela¬ 
tions of men with each other, and ultimately to “ promote 
the general welfare.” They must be so made as to agree 
with the constitution, which is the paramount expression 
of the people’s will. In the United States, the constitu¬ 
tion and laws of any particular State must also agree with 
the Federal Constitution.^ 

^ That is, they cannot enforce what is forbidden by the Federal Con¬ 
stitution. 






CHAPTER II. 


HISTORICAL SKETCH OF TEXAS. 

I. The Beginnings. 

5. Slow Colonizing* Work of Spain.—For about two 
centuries succeeding the discovery of America the terri¬ 
tory which has become Texas remained in possession of 
the Indians. Although the Spanish had established their 
dominion in Mexico in less than thirty years after the 
landing of Columbus, they-were very slow in pushing 
their settlements northeast beyond the Rio Grande. Only 
in what is now New Mexico had they early begun to settle 
across the river. Not until their rivals, the French, ap¬ 
peared to be on the point of colonizing and securing 
possession of the country did they show any energy in 
making good their claim to it. 

6. The Earliest Colonies.—The beginnings of the col¬ 
onization of Texas date from near the end of the seven¬ 
teenth century. In 1682 the Spanish made a settlement 
at Isleta on the Rio Grande, in the extreme western part. 
This is the oldest town in the State, but the germs of 
European civilization planted in that quarter did not 
spread. At that time the Spanish claimed all the terri¬ 
tory lying round the Gulf of Mexico, and were in actual 
possession of a considerable part of it; but on the north¬ 
ern coast they had left a wide gap between their settle¬ 
ments in Florida and those in Mexico, without a single 
colony to secure their claim. In this unsettled portion 
the French were the first to establish themselves. In 

10 


THE ALAMO. 




















































12 


THE CIVIL GOVERNMENT OF TEXAS. 


1685 a French expedition under La Salle planted a small 
colony in the southeastern part of the present State of 
Texas, on the Lavaca River near the Gulf. The colony 
was named Fort St. Louis. It was soon destroyed by the 
Indians, but the Spanish were stimulated by the news of 
its foundation to a little more activity in their own inter¬ 
ests. They tried in a feeble way to forestall the French 
and secure possession of the country for Spain; but the 
few settlements they made were weak and short-lived, nor 
did they extend far enough east to cover the territory 

le valley of the Missis¬ 
sippi the French at¬ 
tained soon afterward 
a permanent hold 
through their colony 
of Louisiana, the his¬ 
tory of which as. a 
French possession is 
continuous from 1699 
to 1762. 

7. Missions and 
Presidios.—The settle¬ 
ments made by the 
Spanish in Texas dur¬ 
ing this period cannot 
properly be called colo¬ 
nies. They were not 
composed, like the English settlements along the Atlantic— 
which were real colonies,—of groups of men with families, 
who meant to begin life over in the new country to which 
they had come, and to win a subsistence by their own 
efforts from the soil. They were “ missions,” which were 
of a religious nature, and which were often supported by 
military posts known as “ presidios.” The principal ele¬ 
ment of the mission was a small body of priests or “ padres,” 
with the addition perhaps of a few lay brethren, and its 


whose loss was threatened. In 



La Salle. 


HISTORICAL SKETCH OF TEXAS. 


13 


prime object was supposed to be the Christianizing of the 
Indians. A shifting and uncertain feature of it was the 
converted Indians, who nominally belonged to it, but were 
most of them constantly coming and going. Frequently 
there was attached directly to the mission a guard of a 
few soldiers called an “ escolta.” It was but too often the 
case that the good work done by the padres was neutral¬ 
ized and rendered fruitless by the reckless and outrageous 
conduct of the soldiers. 

8. The Name Texas.—Until the struggle of French and 
Spanish for the territory between their respective posses¬ 
sions of Louisiana and Mexico had begun, the country 
stretching from the Sabine to the Rio Grande and now 
called Texas had no separate name. The designation 
Florida was so used in the period immediately subse¬ 
quent to the discovery by Ponce de Leon in 1513, that it 
may be considered as reaching west beyond the Rio 
Grande; but before the founding of Fort St. Louis it had 
retreated too far east to be properly so applied. The con¬ 
test for possession, however, soon fixed a name on the 
part in dispute. Among the settlements made by the 
Spanish shortly after the destruction of the French post 
on the Lavaca was the mission of San Francisco de Las 
Tejas. It was in the valley of the Neches, some distance 
westerly from the present town of Nacogdoches. The 
name Tejas was taken from the tribe of Indians among 
whom the mission was located. It was used by the Span¬ 
ish as the proper name of the tribe, but was perhaps more 
properly some descriptive term which the members applied 
to themselves. Very naturally it passed to the district 
occupied by the tribe, or that in the neighborhood of the 
mission, and finally to the whole Spanish province.^ Texas 
is simply an old form of the word which has prevailed in 
English. 


^ The province was known also as Niievas Filipinas. 
B 



14 


THE CIVIL GOVERNMENT OF TEXAS. 


9. Possession Secured for Spain by Missions.—In 
1714 Crozat, who had obtained from Louis XIV. a grant 
of trading privileges in Louisiana, sent an agent, St. Denis, 
through Texas to see if it was not possible to establish 
trade relations with that province. This excited the Span¬ 
ish more than the foundation of Fort St. Louis, and they 
soon afterward began the movement which resulted in 
securing Texas for Spain. They founded a number of 
missions in two main groups, one of them, the western, 
being in the neighborhood of the x)resent city of San An¬ 
tonio and southeast of it toward the Gulf, and the other, 
the eastern, in the valleys of the Trinity, Neches, and 
Sabine. From this time on, although the French do not 
give up their claim to Texas, the boundary between their 
territory and that of the Spanish, so far as it is determined 
by actual possession, shows a tendency to fix itself some¬ 
where in the vicinity of the Sabine River, or the present 
line between Texas and Louisiana. Subsequent to this 
wave of mission-founding, which begins in 1716, until the 
revolution of 1836, Texas should be thought of as a prov¬ 
ince of Spain or of Mexico. 

10. Slight Hold of the Spanish.—Although the Span¬ 
ish were able to maintain their claim to Texas against 
the French, they never secured the firm hold upon it 
which thorough colonization would have given them. How 
uncertain their dominion was appears from events which 
occurred soon after those mentioned above. In 1719 the 
French took possession of the most easterly Spanish mis¬ 
sion, which was in the valley of the Sabine. Thereupon, 
the Spanish abandoned the whole eastern group and re¬ 
treated to the western. It seems likely that they would 
have surrendered this group also if the French had dis¬ 
played any energy in following up their first blow; but 
the latter did not advance beyond the Trinity, and in 
1721 the Spanish plucked up courage enough to reoccuj)y. 


mSTORWAL SKETCH OF TEXAS. 


15 


as they were allowed to do peaceably, most of the missions 
of the eastern group. 

11. Slow Progress of Civilization.—During the long 
period of its existence under Spanish and Mexican rule 
Texas made little progress. The faithful padres struggled 
hard to infuse Roman Catholic Christianity into the mass 
of savagery round them; but their efforts were often ren¬ 
dered vain by the misconduct of the soldiers attached to 
the missions, by political opposition, and by Indian out¬ 
breaks. They were devoted and self-sacrificing men, and 
their record is in many respects a noble one; but Texas 
was to get her real civilization at last from another quarter. 

n. The Province. 

The Spanish-Mexican Period. 

12. Coahuila and Tamaulipas.—Southwest of Texas 
lay the Spanish province of Coahuila, the history of which 
begins with the founding of a number of Spanish settle¬ 
ments about ten years before the erection of Fort St. 
Louis. The first of them was the mission of San Miguel 
de Aguayo, established in 1675. Coahuila is now one of 
the States of the Mexican* Republic. Its history was for a 
long time closely linked with that of Texas. Between 
Coahuila and the Gulf, and also adjoining Texas on the 
southwest, lay a section in which the natives remained 
unsubdued three-quarters of a century longer. This was 
conquered by the Spanish general Escandon, in 1748-49, 
and became finally the province of Tamaulipas. 

13. Texas Made a Separate Province.—From 1691 
Coahuila and Texas were both under the same governor, 
who was himself subject to the Spanish viceroy in Mexico. 
This arrangement continued for some thirty years, after 
which Texas obtained a separate governor. 

14. The Southwestern Boundary.—After Texas be¬ 
came independent and the question as to its proper limits 
rose into importance, Mexico claimed that Coahuila ex- 


16 


THE CIVIL GOVERNMENT OF TEXAS. 


tended northeast to the Medina River, a branch of the 
San Antonio, and Tamaulipas to the Nueces. The actual 
boundary in both cases was a wide strip of land lying 
between these rivers and the Rio Grande, and containing 
no settlements of either province upon which a claim to 
possession could be based. Both provinces, however, be¬ 
ing at first under the same general government, and neither 
caring much about this unoccupied border strip, the matter 
of their common boundary offered no occasion for a dispute. 

15. The Northeastern Boundary.—It was a matter of 
more importance to determine how far northeastward 
Texas extended, because on this side it joined Louisiana, 
i. e. Spanish territory was met by French. Over the 
proper location of this border there was from time to 
time some wrangling, but nothing more serious. In 1762, 
however, Louisiana west of the Mississippi was ceded by 
France to Spain. The provinces separated by the uncer¬ 
tain line were now both Spanish, and as long as they re¬ 
mained so there was but little concern about where it 
should settle. 

16. The Northwestern Boundary.—The main boun¬ 
dary question belonging to the early history of Texas was 
that as to where the division line between French and 
Spanish territory should be fixed. From the nature of 
the movement w^hich brought the two rivals for possession 
in conflict, the French advancing southwestward from 
Louisiana and the Spanish northeastward from Mexico, 
it will be seen that there was no struggle over the north¬ 
western boundary. It was on this side that the extent of 
the province was most indefinite. 

Thus it appears that the limits of Texas were at first 
very uncertain. They have been at length established 
with almost absolute exactness; but the process has in¬ 
volved a vast amount of domestic friction in the United 
States, besides causing serious trouble with Spain and 
helping to bring on the war of 1846-48 with Mexico. 


HISTORICAL SKETCH OF TEXAS. 


17 


17. The Provincias Intemas.—In 1776 a number of 
the North Mexican provinces, including Coahuila and 
Texas, were formed into a government independent of 
Mexico and ruled by a governor responsible directly to 
Spain. The portion thus separated received the name of 
the Provincias Internas. In 1785 the provinces compos¬ 
ing it were divided into three groups, an eastern, a central, 
and a western. The eastern group, to which Texas be¬ 
longed, and the central were placed each under a military 
commandant, and the western under a general command¬ 
ant, to whom the two others were in some degree subject. 
At the same time the authority of the viceroy in Mexico 
over all three was partially restored. In 1787 the three 
groups were consolidated into two, which were independ¬ 
ent of each other and were officially named the Eastern 
and the Western. In 1793 the two groups were joined, 
four provinces were cut off and left subject to the viceroy 
in Mexico, while the remainder, including Coahuila and 
Texas, became independent of him. Texas had its own 
governor, whose official conduct was subject to review by 
superior authorities at different places; but these authori¬ 
ties were so far away, and the system of appeals was so 
ineffective, that the governor was practically absolute. 

18. Dispute with the United States about the North¬ 
eastern Boundary.—In 1800 Spain ceded Louisiana back 
to France, and in 1803 France sold it to the United States. 
This brought the boundary question that had passed from 
sight in 1762 again into notice. The United States pur¬ 
chased Louisiana with the understanding that it should 
have the same limits as when it belonged to France, pre¬ 
vious to 1762. But it will be remembered that these limits 
had never been clearly defined. Now they separated Span¬ 
ish territory from that of a people more to be feared in 
America than the French, and there was more necessity 
than ever for ascertaining just where they should be. Tlie 
United States claimed, on account of La Salle’s settlement 

2-Tex 


18 


THE CIVIL GOVERNMENT OF TEXAS. 


at Fort St. Louis, that Louisiana properly extended to the 
Rio Grande. The settlement proposed to Spain would have 
been only temporary. It was to leave a strip covering 
most of the disputed section, which should for twenty 
years be regarded as neutral. The United States pro¬ 
posed first that this strip should be between the Sabine 
and the Colorado; then, claiming more, that it should be 
between the Colorado and the Rio Grande; but in 1806, 
when troops from both sides were gathered on the Sabine 
and a conflict seemed imminent, the question was settled 
for the time by establishing the proposed neutral strip 
east of the Sabine, between that and the Arroyo Hondo, a 
tributary of Red River. This strip, being under the juris¬ 
diction of neither nation, soon became a refuge for outlaws 
and a plague to both Louisiana and Texas. Finally, in 1819, 
when the United States bought Florida from Spain, it was 
agreed in the treaty that the boundary of Texas should be 
fixed at the Sabine. More exactly described, the line de¬ 
termined by the treaty ran north with the Sabine from its 
mouth to latitude 32°, thence due north to Red River, 
thence west with that river to the one-hundredth meri¬ 
dian, thence north on that meridian, etc. 

19. The Coming of the Anglo-Americans.—Mean¬ 
while a movement had originated which was the real 
beginning of the Texas of to-da}^ This was the coming 
of the Anglo-Americans.^ It began as a violent breaking- 
in process, but after a time, when the policy of Spain and 
Mexico had become more liberal, passed into peaceful col¬ 
onization. The first, or filibustering, phase of the move¬ 
ment will be more clearly understood by recalling the 
fact that it is almost coincident with the period in which 
the Mexicans had begun to cultivate aspirations for inde- 


^ This term is applied to the element that Texas attracted, previous 
to its independence, from the United States. They are so-called be¬ 
cause they were mostly of English antecedents. 




HISTORICAL SKETCH OF TEXAS. 


19 


pendence of Spain, and is mainly in sympathy with, or 
seeks to take advantage of, this feeling. 

20. Filibustering Inroads.—As soon as the limits of 
Texas were reached by the United States growing south- 
westward, Spain paid the inevitable, penalty of leaving so 
attractive a portion of her territory so long unsettled. 
From about 1800 until 1821 she was constantly harassed 
with invasions of the province by bands of adventurers 
who came mostly from the United States. 

21. Nolan’s Expedition.—The first of these was organ¬ 
ized at Natchez in 1800. The number of men engaged in 
it was twenty-one, and they were led by an Irish trader 
named Philip Nolan. Its alleged purpose was to catch 
wild horses, which were plentiful in Texas at that time, 
but it has been claimed by some that the real object was 
to hunt for gold. The expedition penetrated to the Brazos 
and established a camp on that river; but in 1801 it was 
attacked by a much stronger force of Spaniards, and Nolan 
and one of his men were killed and the rest captured. 

22. Magee’s Invasion.—In 1812, Augustus Magee, who 
had been a lieutenant in the United States army, and Ber¬ 
nardo Gutierrez, a refugee from Mexico, led a more suc¬ 
cessful invasion of Texas. Its avowed object w'as to assist 
the movement for independence of Spain, which was then 
going on in Mexico. This movement had begun with the 
revolt led by Hidalgo in 1810, and the next year it reached 
Texas. A rising of the revolutionists at San Antonio in 
January, 1811, was successful for a time, but was put down 
in March. In 1812, however, they were stirred to new 
hope and activit}^ by the coming of Magee and Gutierrez 
with a force which had been gathered in Louisiana. The 
number of Anglo-Americans engaged in this affair reached 
at its maximum only 850; but they penetrated to San k.n- 
tonio, defeated the Spanish troops and captured the Span¬ 
ish governor, and actually maintained an independent 
government for nearly five months. Finally, however, 


20 


THE CIVIL GOVERNMENT OF TEXAS. 


they were defeated by the commandant-general of the 
Eastern Internal Provinces, at the battle of the Medina, 
August 18, 1813, and the Spanish authority was re¬ 
stored. 

23 . The Galveston Island Republic.—In 1816 the 
Mexican republicans set up a government, organized as 
completely as possible under the circumstances, on Gal¬ 
veston Island. The great object of it was to promote pri¬ 
vateering against Spanish vessels. In this it was success¬ 
ful enough, and the island became also headquarters for 
an illegal slave trade with the Southern States of the 
American Union through Louisiana. In 1817 the repub¬ 
licans abandoned the island for a time in order to engage 
their whole force in a raid on the royalists of the interior 
beyond the Rio Grande, and immediately afterward it was 
taken possession of by Lafitte with his band of freebooters. 
In order to facilitate their piratical operations the new¬ 
comers also kept up the forms of a regular government. 
They became the terror of the Gulf, especially to Spanish 
vessels, and remained so until they were dislodged by an 
order from the authorities at Washington. 

24 . “Le Champ d’Asile.”—In 1817 some French of¬ 
ficers who had fought under Napoleon sought to found a 
colony on a grant of land in Alabama made them by the 
United States government. That effort failed, and in 1818 
Lallemand, one of the generals in the party, led 120 men 
to a spot on the Trinity River not far from its mouth, and 
tried to establish there a settlement, which was named 
Champ d’Asile. Permission had previously been asked 
of the Spanish government, but no answer had been 
given. The colony maintained a feeble existence for a 
time, but when the Spanish were on the point of expel¬ 
ling the settlers by force they abandoned it. 

25. Long’s Invasion.—The treaty of 1819, which re¬ 
cognized the claim of Spain to Texas, was much objected 
to in the United States, especially in the South. This 


HISTORICAL SKETCH OF TEXAS. 


21 


feeling obtained expression at Natchez in the organization 
of another filibustering expedition. It was headed by 
James Long, who in June, 1819, led seventy-five men to 
Nacogdoches. There, with the help of a number of the 
settlers, he formed a government and declared Texas an 
independent republic. He then went to Galveston Island 
in order to secure the co-operation of Lafitte. Failing in 
this he returned to Nacogdoches to find that the repub¬ 
licans had just been driven out by the Spanish. He 
saved himself by flight, and in 1821 made another at¬ 
tempt to start a revolution in Texas. This time he cap¬ 
tured La Bahia on the coast, but was soon made prisoner 
and sent to San Antonio, and later to the City of Mexico. 
By this time Mexican independence, for which he claimed 
to be fighting, had been gained, and he was set at liberty. 

26. Independence of Mexico, and Union of Coahuila 
and Texas.—The struggle for independence which had 
begun in Mexico in 1810 was continued with more or less 
energy till 1817, after which it almost completely died 
away. But the news of the revolution in Spain which 
reached Mexico in 1820 started the movement anew, and 
this time it was successful. Mexico became independent 
in 1821, and in 1824 it was organized into a federal repub¬ 
lic, and Coahuila and Texas were joined as a single State. 

27. The Anglo-American Colonization.—So long as 
the dispute with the United States concerning the pos¬ 
session of Texas was yet undetermined, Spain, although 
she was unable to settle the province effectually her¬ 
self, was unwilling that it should be colonized by those 
who showed the strongest disposition to occupy it. These 
were the Anglo-Americans. While Spain was ready to re¬ 
ceive emigrants from other parts of the world, she feared 
this element and sought to exclude it. This was natural 
enough; for she understood how restless such people as 
those living in the United States and accustomed to r-e- 
publican government would be under Spanish rule, and 



22 


THE CIVIL GOVERNMENT OF TEXAS. 


she saw that to let them fill up Texas would be, even 
though they acknowledged allegiance to Spain, risking 
seriously her dominion over it. What happened after¬ 
ward showed that her fears were well founded. As soon 
as the Anglo-Americans obtained a secure hold on the 
province, it tore itself away from its uncongenial political 
associations and ultimately passed to the United States. 
This was, in fact, inevitable. 

28. The Grant to Moses Austin.—In 1820, however, 
after the United States had given up its claim to Texas, 
and the revolutionists, who had been causing so much 
trouble were nearly suppressed, Moses Austin sought per¬ 
mission to introduce into the province a colony of three 
hundred families from the United States. Austin was a 
man of fine character, a native of Connecticut, who had 
become in his youth a citizen of Virginia. Reverses in 
business influenced him to emigrate in 1799 to the Span¬ 
ish province of Louisiana, and settle in that part of it 
which afterward became Missouri. More business trouble 
in 1818 led him to form the plan of beginning life anew 
for the second time, and with this in view he made the 
application which has been mentioned. He had, when he 
first settled in Louisiana, been naturalized as a Spanish 
subject, which gave him the greater hope for success in the 
enterprise. 

Austin went to San Antonio and stated his object to the 
governor of Texas, but was ordered, in reply, to leave the 
province at once. Through the influence, however, of 
Baron de Bastrop, a Prussian officer who had been in 
Spanish service and was then alcalde in San Antonio, the 
order was revoked, and the petition was forwarded with 
favorable recommendations from the provincial authori¬ 
ties to the commandant-general of the Eastern Internal 
Provinces at Monterey. The petition was granted in 
January, 1821, on condition that the colonists introduced 
should be Roman Catholics, or sliould agree to become so 


HISTORICAL SKETCH OF TEXAS. 


23 



before entering Texas, should furnish certificates of good 
character, should be obedient to the Spanish government, 
and should bear arms against all its enemies. Meanwhile 
Austin had returned to Missouri. In June, 1821, soon 
after hearing that his petition had been granted, he died 
of disease brought on by the hardships of his journey to 
Texas, and left the accomplishment of his design to his 
son, Stephen Fuller Austin. 

29. The Colony Planted by Stephen F. Austin.— 
Stephen F. Austin was one of the most admirable cha¬ 
racters of that group 
that helped to make 
Texas. Though he was 
of an essentially refined 
nature, he possessed in 
a high degree the quali¬ 
ties required for suc¬ 
cess in the task he had 
undertaken. With rare 
energy and persever¬ 
ance, as well as with 
great courage and tact, 
he carried out the plans 
of his father. He went 
to work under the grant 
which he inherited, be¬ 
ing officially recognized by Governor Martinez of Texas. 
In December, 1821, his colonists began to arrive, and es¬ 
tablished their first settlement on the Brazos. His grant 
fixed no definite limits for the territory he was to occupy, 
and he chose the country between the Lavaca and San 
Jacinto rivers. Over this section the colonists scattered 
themselves, as the land attracted each, far more widely 
than would seem to have been either convenient or safe; 
but in 1825 Austin received special permission to settle 
other families upon the strips remaining between the 


Stephen F. Austin. 


24 


THE CIVIL GOVERNMENT OF TEXAS. 


tracts which had been taken. The result of this was to 
make the area of his grant far more extensive than it 
might otherwise have been. 

30. Confirmation of the Grant.—Serious difficulties 
were encountered in getting the colony fairly on its feet. 
The grant of January, 1821, had been made by the regu¬ 
larly constituted Spanish authorities; but from that year 
until 1824 was a period of rapid revolutions in Mexico. 
Provisional government, regency, empire, centralized repub¬ 
lic, and federal republic followed each other in quick succes¬ 
sion. In the course of these changes the Internal Prov¬ 
inces of the North were combined with the others under 
one government having its central authority in the City 
of Mexico; and early in 1822 Austin found it necessary 
to make the journey thither in order to have his grant 
confirmed. After waiting about a year he secured the 
confirmation he wished, but before he could get away 
from the city the government was changed by another 
revolution, and he had his work to do over. This was ac¬ 
complished, however, with but little difficulty, and in 
August, 1823, he was back in Texas ready to continue his 
work. 

31. The Government of the Colony.—During Austin’s 
absence the colony had declined greatly, but his return 
gave it new life. For the next few years the main troubles 
which he had in dealing with it were such as related to its 
government, which, until it was more regularly organized 
in 1828, devolved almost wholly upon himself. The power 
over the colony conferred upon him by the Mexican author¬ 
ities was, except as to the punishment of high crimes, prac¬ 
tically absolute. Such laws as were to prevail within its 
borders he must make, and whatever government it was 
to have he must provide for. He had not only to make 
the laws, but as supreme judge he had to supervise their 
administration, and as actual governor to execute them. 
It is not strange, under the circumstances, that there was 


HISTORICAL SKETCH OF TEXAS. 


25 


much complaint of him from the colonists, for they were 
not accustomed to arbitrary rule. He was unjustly ac¬ 
cused of fleecing them, when he was really losing money 
by his enterprise. He had trouble for a time with crim¬ 
inals who sought to live in the colony, but by energetic 
measures these were soon disposed of. In spite of com¬ 
plaints and peculiar difficulties in his way, Austin used 
his extensive powers with such wisdom that he gradually 
silenced objection and carried his undertaking to a suc¬ 
cessful issue. 

32. The Empresario System.—In 1823 and 1824 the 
federal government of Mexico passed general colonization 
laws, and that of 1824 empowered each State to make a 
special law for itself. So in 1825 the congress of Coahuila 
and Texas adopted a statute providing that any one who, 
with the permission of the State, should settle a certain 
number of immigrant families upon its waste lands should 
receive a large grant from the public domain. The men 
who undertook to introduce colonies under this law were 
called empresarios or contractors. They soon obtained 
grants covering almost the whole of Texas, and by 1830 
the population of the State, exclusive of Indians, had 
grown to about 20,000. 

33. Troubles of the Mexican Government with the 
Anglo-Americans.—The difference between the Anglo- 
Americans and the Spanish-Mexicans now began to 
assert itself, and it was soon apparent that the former 
could not live peaceably under the government of the lat¬ 
ter. It was easy to And matter of disagreement. The 
United States showed by keeping up negotiations for the 
purchase of Texas that, in spite of the treaty of 1819, they 
still hoped to extend their boundaries south westward. The 
Mexicans naturally suspected the Texan colonists of a de¬ 
sire to promote that result. The breach thus produced 
was widened by a series of legislative enactments. The 
constitution of Coahuila and Texas, promulgated in 1827, 

c 


26 


THE CIVIL GOVERNMENT OF TEXAS. 


forbade the introduction of slaves after six months from 
its publication and provided for the gradual extinction 
of slavery within the State. A little later the congress of 
the State took measures looking toward the accomplish¬ 
ment of that object. These were very obnoxious to the 
colonists, who depended a great deal on slaves for labor, 
and who regarded all legislation against slavery as un¬ 
friendly to themselves. In 1829 a decree which had a 
tendency to nullify certain free trade privileges that had 
been granted them was passed by the congress. In the 
same year a decree of the general government abolished 
slavery throughout the republic of Mexico; but energetic 
protest secured the exemption of Texas. One thing gave 
rather less trouble than might have been expected. The 
colonists before coming in had furnished certificates that 
they were Roman Catholics, when in fact they were not; 
but, since their conduct was marked at the outset by a 
disregard of all religious observance, they escaped serious 
difficulty on this point. 

34. The Fredonian War.— One of the empresario col¬ 
onies was that of Hayden Edwards, which was established 
on lands around Nacogdoches, granted to him in 1826. In 
seeking to organize a system of local government for his 
colony he came in conflict with the native Mexicans pre¬ 
viously settled in that quarter. The natives were sustained 
by the Mexican authorities of the State. The colonists were 
prosecuted and the grant was annulled; and finally, in 
1827, they with their Indian allies rose in open insurrec¬ 
tion. They established an independent republic, which 
they named Fredonia. It was their expectation that all 
the Anglo-Americans in the State would join them, and if 
this had happened Texas might have become free from 
Mexico several years sooner than it did. But Austin did 
not think the move justifiable nor wise. He issued a 
proclamation condemning it severely and calling upon 
the people of his colony to aid in suppressing it. De- 


HISTORICAL SKETCH OF TEXAS. 


27 


prived of the help they had expected, the Fredonians 
were soon crushed. 

35. Restrictive Policy of Mexico toward the Colo¬ 
nists.—From 1830 on, the policy of the Mexican govern¬ 
ment toward the Anglo-Americans was strongly restric¬ 
tive. In that year a decree was passed forbidding further 
colonization of Mexican territory by adjacent States, as 
well as further importation of slaves. A virtual military 
government was set up in Texas, and the colonists were 
soon made to feel the burden of real Mexican rule. Re¬ 
pressive commercial regulations were harshly executed 
by the Mexican authorities. This was borne very impa¬ 
tiently, trouble arose in the coast districts, and at Ana- 
huac and Velasco there was armed and successful re¬ 
sistance. 

36. The Mexican Troops Withdrawn from Texas.— 
In January, 1832, a revolution in favor of the constitution 
of 1824, which had established a federal republic, was be¬ 
gun by the republicans of Mexico headed by Santa Anna. 
In June, 1832, the commandant at Tampico, who was sup¬ 
porting Santa Anna, sent a force of four hundred men to 
Texas to punish the Anglo-Americans for their resistance 
to the authorities at Anahuac; but the general in com¬ 
mand of the force became convinced of their loyalty and 
did not molest them. Early in the course of the revolu¬ 
tion the Mexican troops in Texas nearly all marched out 
to join Santa Anna. The one commander that held to 
the other party was driven with his men from Nacog¬ 
doches by the colonists, who at the time favored Santa 
Anna themselves. From August, 1832, Texas was, for a 
while, almost completely relieved of the presence of Mex¬ 
ican soldiery. 

37. Demands of the Colonists.—Free from the tyranny 
that had vexed them since 1830, the colonists now sought 
to provide against its renewal. In two conventions held 
at San Felipe de Austin, the capital of Austin’s colony. 


28 


THE CIVIL GOVERNMENT OF TEXAS. 


one in October, 1832, and the other in April, 1833, they 
discussed their grievances, and in the convention of 1833 
they decided to petition tlie Mexican government for the 
separation of Texas from Coahuila, and in anticipation of 
that arrangement they framed a constitution for Texas. 
Three commissioners were appointed to present the peti¬ 
tion, but Austin was the only one of them that went to 
Mexico. When he reached there the war which Santa 
Anna had started was still going on, and Austin made 
little progress with his business. Disappointed by this, 
after he had waited two and a half months he wrote to 
the municipal authorities at San Antonio advising the 
formation of a separate government for Texas. A little 
later the war was ended by the triumph of Santa Anna, 
who then had the petition considered by a council of minis¬ 
ters. The separation was not granted, but, in order to sat¬ 
isfy the Anglo-Americans, the government adopted several 
measures favorable to them, one of which was the repeal 
of the law of 1830 against colonization by that element. 
Austin then started back, but the Mexican authorities 
heard of his letter to San Antonio and sent after him an 
order for his arrest. The result was that he spent about 
a year and a half in prison and did not reach his colony 
again till September, 1835. Meanwhile, Santa Anna, who 
had ended his game of republican reform by making him¬ 
self dictator and thus blasting the hopes of the Texans 
for the constitution of 1824, had had the Texas question 
again under consideration. He decided that Texas might 
become a territory, but not a separate State, and that he 
would send four thousand men to San Antonio for the 
protection of the coast and frontier. 

38. Resistance to Santa Anna’s Dictatorship, —The 
two States of Zacatecas, and Coahuila and Texas continued 
to hold out against the dictatorship of Santa Anna after 
the others had all yielded. In May, 1835, the resistance 
of Zacatecas ended in a crushing defeat, but that of Texas 


HISTORICAL SKETCH OF TEXAS 


29 


was still kept up and grew into the revolution that made 
it an independent republic. The culmination of the affair 
was hastened by the impatience of the colonists toward 
the Mexican authorities, and especially by their driving 
away the force stationed at Anahuac to protect the port. 
The war feeling grew rapidly, the progress of it being 
marked bj^ proclamations and warnings on the part of the 
Mexican commanders, and by resolutions varying from 
firm and pacific to strong and hostile passed by various 
councils and meetings on the part of the colonists. It 
was when matters were in this condition that Santa Anna 
released Austin and sent him home in the hope that he 
might assist in quelling the spirit of insurrection as he 
had done in the case of the Fredonian war. But Austin 
felt that the time had come for the Texans to act for them¬ 
selves, and he advised a general consultation of the colo¬ 
nists, for which arrangements were already in progress. 

39. Outbreak of the Revolution.—Before this consul¬ 
tation could be held the struggle had begun. Soon after 
Austin’s return a small force of Mexicans was sent to take 
a cannon from the people of Gonzales, about sixty miles 
east of San Antonio, but was easily driven away. A few 
days later Gen. Cos reached San Antonio with reinforce¬ 
ments for the Mexican troops stationed there, and in this 
neighborhood about 350 Texans gathered under Austin. 
Meanwhile Goliad, southeast of San Antonio in the coun¬ 
try near the coast, had been captured by a few Texas men, 
and the war had fairly opened. 

40. The Consultation and the First Provisional Gov¬ 
ernment.—When Austin took command of the troops sent 
against Cos, a kind of central agency for the scattered colo¬ 
nies was set up by the appointment of a council to act for 
all; but on November 3, 1835, the general consultation 
assembled at San Felipe, and, after pledging the loyalty 
of Texas to Mexico when the federal union should be 
properly restored under the constitution of 1824, estab- 



30 THE CIVIL GOVERNMENT OF TEXAS. 

lished a provincial government. This was composed of a 
governor, a lieutenant-governor, and a council. The gov¬ 
ernor and lieutenant-governor were elected by the consul¬ 
tation, and each of the delegations present from the various 
municipalities chose from its own number one member of 
the council. Austin was sent at the head of a commission 
of three to secure recognition from the United States, and 
Sam Houston was appointed commander-in-chief of the 
Texas troops. 

41. Sam Houston.—The new general was a man most 
remarkable in his character and previous career. He had 

in his youth fought under 
General Jackson against the 
Indians, and had afterward 
become a member of Con¬ 
gress from Tennessee, and 
later still governor of the 
State. Then he resigned 
the governorship and lived 
for years among the Chero¬ 
kee Indians, becoming 
thoroughly identified with 
them. In 1832 he appeared 
in Texas just as circum¬ 
stances were ripening to¬ 
ward the revolution which 
developed fully in 1835, and of which he soon became the 
leader. He was first chosen commander of the troops in 
Eastern Texas, but subsequently took the place of Austin 
as commander-in-chief. 

42. The War with Mexico. — In December, 1835, San 
Antonio was captured by the Texans. After this the gov¬ 
ernor and council fell into discord, and the Mexicans in 
about three months regained all the ground they had lost 
and more. In February, 1836, Santa Anna entered San 
Antonio with an army which soon numbered 5000, and the 



Sam Houston. 



HISTORICAL SKETCH OF TEXAS. 


31 


Texans retired to the Alamo, a fortified mission-house be¬ 
side the town. They were, with the addition of a small 
party that reinforced them after the Mexicans had come, a 
few less than 200, and were commanded by Col. W. B. 
Travis. On March 6th the Alamo was stormed by the 
Mexicans. All the Texan soldiers except five died fight¬ 
ing. These five were captured and were immediately put 
to death in the presence of Santa Anna.^ The Mexican 
loss is not known, but estimates of it vary from three hun¬ 
dred to sixteen hundred. A little later the Mexicans re¬ 
covered the settlements along the coast. Col. J. W. Fan¬ 
nin, who commanded the Texans at Goliad, tried to re¬ 
treat from the place, but was entrapped by the Mexicans 
and after a severe conflict surrendered. The prisoners were 
at once marched back to Goliad and slaughtered by order 
of Santa Anna, who after the fall of the Alamo pushed on 
eastward toward Austin’s colony. Houston, who since his 
appointment as commander-in-cbief had been seeking to 
organize the army in that quarter, had finally established 
his headquarters at Gonzales, and had gone thither March 
11th, just in time to hear of the disaster at San Antonio. 
The next day he began to retreat. The Mexicans were 
soon close behind. Houston halted about a week on the 
Colorado and about two weeks on the Brazos, and at last 
gave battle at the San Jacinto, April 21st. The Mexicans 
were utterly routed and Santa Anna captured, and in a 
few weeks all the invading forces had recrossed the Rio 
Grande. 


^ A letter written by Travis during the siege of the Alamo contains 
the words, boldly written and underlined, “ I shall never surrender or 
retreat’’ In this brief utterance, which breathes the character and 
spirit of the colonists, is the best explanation of the resulting inde¬ 
pendence of Texas. 



32 


THE CIVIL GOVERNMENT OF TEXAS. 


m. The Republic. 

The Independent Period. 

43. The Declaration of Independence.—While the 
campaign which ended with the battle of San Jacinto 
was going on, a convention of delegates elected by the 
colonists assembled at Washington on the Brazos, March 
1, 1836, and on the following day proclaimed the inde¬ 
pendence of Texas. In commemoration of this event and 
of the battle of San Jacinto, March 2 and April 21 have 
been observed by the Republic and the State as holidays. 

44. The Constitution of the Republic.—The consti¬ 
tution adopted by this convention was in its general out¬ 
lines very similar to that of the United States. The chief 
executive was called president, and the legislative assem¬ 
bly, which consisted of two houses, was called congress. 
Each department had wider functions and more extensive 
powers than in a State of the Union, because in the latter 
the States had delegated a share of their authority to the 
Federal government. The common law of England was 
made the rule of decision in all criminal cases, and con¬ 
gress was required to adopt that system, with appropriate 
modifications, in all cases as early as practicable. 

45. Slavery.—The provisions of the constitution which 
throw most light on the condition of Texas at the time, 
and which have the most intimate connection with its 
history, are those relative to slavery, to the public lands, 
and to education. Slavery was es'tablished, but the slave 
trade, except with the United States, was forbidden. This 
was reversing the policy of Mexico, which disliked negro 
slavery as a United States institution, and hence had striven 
to suppress it. It was only natural, however, that Texas, 
lying contiguous to the slave States of the American Union 
and remote from the free States, and being an agricultural 
country, became, when it was colonized by the Anglo- 
Americans, slave-holding territory. 


THE REPUBLIC. 


33 


46. The Public Lands.—As to the public lands of 
Texas, which were almost its only resource at the time, 
and the management of which had been a great cause of 
trouble with the Mexican government, it was provided 
that every head of a family residing in Texas at the time 
of the Declaration of Independence should have a league 
and labor,^ and each single man seventeen years of age or 
upward one-third of a league. 

47. Education.—Among the general provisions of the 
constitution was the following: “ It shall be the duty of 
Congress, as soon as circumstances will permit, to provide 
by law a general system of education.” The constitutions 
of the State have dwelt on this point more specifically, 
and the legislature has obeyed them, until free public 
education has become a Texas tradition. 

48. The Second Provisional Government.—Owing to 
the war, which was approaching its crisis when the con¬ 
stitution was adopted, there could be no general election, 
but the convention choose David G. Burnet president, and 
a provisional government was organized to replace the one 
established by the consultation. 

49. The Regular Organization. — On September 1, 
1836, there was a general election for president, vice-pres¬ 
ident, and members of congress. Sam Houston was elected 
president. At the same time the question of annexation to 
the United States was submitted to the people, and the vote 
in favor of it was nearly unanimous. 

50. Recognition by Other Powers.—The proposal of 
annexation was unfavorably received by the United States, 
and was soon withdrawn for the time, but in 1837 that 
power recognized the independence of Texas, and soon 
afterward France and England did the same. 

51. Difficulties of the Independent Republic.— Though 
Texas had now an acknowledged place among the nations, 


^ A league being 4428| acres and a labor 177 J-. 
3—Tkx 




34 THE CIVIL GOVERNMENT OF TEXAS. 

she had many difficulties still to encounter. The war with 
Mexico did not cease, but passed into an exchange of in¬ 
effectual but highly irritating border raids. The Indians 
made themselves very troublesome, and the more so be¬ 
cause they were incited by the Mexicans. Most serious, 
however, was the inadequacy of the revenue. Texas then 
had but little wealth or trade that could be taxed, and was 
rich only in public lands and possibilities. 

52. The Government Reorganized.—As soon as the 
authority of Mexico was thrown off, Texas proceeded to 
reorganize the government by a series of enactments in 
such a way as to make it conform to the social constitu¬ 
tion of the Anglo-American settlers upon which it was to 
rest. The work was done mainly when the constitution 
of 1836 was adopted, but much of it lies in the ordinances 
and decrees of the provisional government and in the leg¬ 
islation of the congress. The Mexican system of depart¬ 
ments and municipalities was gradually displaced, so far 
as it could be done conveniently, by the town and county 
system; and the civil law, which Spain had established 
in Mexico, by the common law, which the United States 
had inherited from England. In these radical changes, 
far more than in the victories of 1835-36, is to be found 
the real revolution which transferred Texas from Mexico 
to the American Union. 

53. Annexation to the United States.—In 1844 a 
treaty with Texas for annexation was signed by President 
Tyler, but the United States Senate refused to ratify it. 
The opposition to the measure was due partly to a desire 
to avoid war with Mexico, which it was likely to cause, 
and partly to a determination among the anti-slavery 
senators to prevent the annexation of slave territory to 
the Union. The question became an issue in the presi¬ 
dential campaign of 1844, and Polk, who favored the ac¬ 
quisition of Texas, was elected. So in 1845 the matter 
was taken up again before the end of Tyler’s term, and 





THE STATE. 


35 


annexation was provided for on the part of the United 
States, not by treaty, but by joint resolution of the two 
houses of Congress. This was signed by the president 
and afterward approved by Texas, whose annexation was 
thus finally consummated in 1845. 

IV. The State. 

54. War with Mexico.—The immediate result of 
annexation was a war between the United States and 
Mexico. President Polk sent troops into the country 
west of the Nueces, which was claimed b}’^ both Mexico 
and Texas, and the fighting began there. The war ended 
in the defeat of the Mexicans and the addition to the 
United States of the whole country from Texas to the 
Pacific, including about one-third of the territory, exclu¬ 
sive of Alaska, under the stars and stripes to-day. The 
Rio Grande became the boundary between Mexico and 
the United States from just below the thirty-second par¬ 
allel of north latitude to the Gulf. 

55. The Boundaries of Texas Fixed.—In 1836 the con¬ 
gress of Texas defined the limits of the Republic as follows: 
“ Beginning at the mouth of the Sabine river, and running 
west along the Gulf of Mexico, three leagues from the land, 
to the mouth of the Rio Grande, thence up the principal 
stream of said river to its source; thence due north to the 
fort 3 "-second degree of north latitude, thence along the 
boundary line, as defined in the treaty between the United 
States and Spain, to the beginning, etc.” The treaty here 
referred to is that of 1819, which established the eastern 
limit of Spanish territory as follows : Up the Sabine river 
from its mouth to lat. 32° N., thence directly north to Red 
river, thence with Red river west to long. 100° W., thence 
directly north to the Arkansas river, thence up that river to 
its source, and thence north to lat. 42° N. Noting this, it 
will be seen that the limits claimed for Texas by its con¬ 
gress in 1836 include a large part of what is now New 


36 


THE CIVIL GOVERNMENT OF TEXAS. 


Mexico, together with portions of Colorado, Wyoming, 
Kansas, and Oklahoma. The act of the United States 
Congress in 1850, which was agreed to by the Texas legis¬ 
lature, fixed the boundaries where they are now, except 
a small portion on the north-east, Texas being paid 
$10,000,000 for the claims which this adjustment required 
her to surrender. 

56. Greer County Adjudged to the United States.—A 
small part of the north-eastern boundary of the State 
remained yet undetermined. The uncertainty about this 
depended on whether the north or south fork of Red river 
was properly the stream of that name mentioned in the 
treaties fixing the eastern limits of Texas. The disputed 
territory, w^hich has been long under the jurisdiction of 
Texas and has been known as Greer county, has finally, 
by a decision of the Federal supreme court rendered in 
1896, been adjudged to the United States. 

57. The Civil War and Reconstruction.—After its an¬ 
nexation Texas grew rapidly in wealth and population 
and seemed on the high road to prosperity when the Civil 
War came on. Then it joined its fortunes to those of the 
other slave States in secession, and shared with them the 
bitterness of defeat and of reconstruction. After being 
under provisional and military government the State was 
re-admitted into the Union in 1870. 

58. Elements of the Population of Texas.—The larg¬ 
est single element in the jiopulation of Texas has come 
from the Southern States of the American Union ; but 
the State has attracted a large number of immigrants 
from the North, and many from Europe. The census of 
1890 shows for it in round numbers 1,600,000 native white 
inhabitants, 425,000 negroes, 65,000 of mixed white and 
negro blood, 50,000 Germans, and the same number of 
Mexicans, besides numerous other foreigners in smaller 
proportions. 

59. Resources.—In its extensive forests and its vast 




THE STATE. 


37 


area of fine agricultural as well as grazing lands, together 
with its rich and abundant mineral deposits, Texas has 
within itself the possibility of as complex and as highly 
developed an industrial system as can be found in any 
part of the world. Such industrial development, how¬ 
ever, must naturally be accompanied by growth in the 
complexity and efficiency of the government and could 
hardly exist without it. 

GO. Prospects.—Since the disturbances of war and re¬ 
construction have been over Texas has entered upon a 
highly prosperous career. Its population and wealth 
have grown rapidly, a great network of railways has 
overspread its territory, and its educational progress has 
been by unexampled strides. Freed from the incubus of 
slavery, blessed with public schools, endowed with bound¬ 
less resources, and filled with new energies and aspira¬ 
tions, Texas, if she will only preserve what she has gained 
and continue her efforts, may expect to become foremost 
among the States. But this expectation will be justified 
only as she has capable and courageous leaders who are 
followed with enthusiasm and without distrust, and as the 
masses of her people are inspired with patriotism and 
trained to the discharge of civic duties. If the people of 
Texas can be brought to realize fully that its government 
is their own, and to take pride in it and seek earnestly 
in every way to sup})ort, to purify, and to make it more 
efficient, there will be no prouder commonwealth under 
American skies. 



The Gkeat Seal of the State of Texas. 


CHAPTER III. 

THE GOVERNMENT OF TEXAS. 


I. Functions of the Government. 

1. Of the State Government. 

61. The Self-sustaining- Function.—The first necessity 
of the government is to maintain its own existence in the 
proper degree of healthful activity. It meets this neces¬ 
sity in three ways: first, by providing itself with the 
means of subsistence; second, by providing against its 
overthrow or its reduction to impotence; third, by arrang¬ 
ing so that the continuance of the official organization 
shall be independent of the tenure of office-holders. The 
first is accomplished through a financial system devised 
for raising money by taxation and using it to pay govern¬ 
mental expenses: the second, through a military system ; 
the third, by a system of elections. 

62. Revenue and Taxation.—The State of Texas has 
a large body of unsold land known as public domain, 
from which considerable revenue is derived through sales 

38 


FUNCTIONS OF THE GOVERNMENT 


39 


and leases. Three million acres of this public domain 
were paid for the new capitol at Austin, but most of it has 
been appropriated for educational purposes. The main 
part, however, of the State’s revenue is derived from taxes. 
These are of three kinds: a poll tax, which is a small 
fixed amount levied on all male inhabitants of the State 
from sixteen to sixty years of age, except Indians not 
taxed, persons insane, blind, or deaf and dumb, and 
those who have lost one hand or foot;^ occupation taxes, 
which are levied upon corporations other than municipal 
and upon persons following certain occupations; and ad 
valorem taxes, which are levied on most property in the 
State, and, as the term indicates, in proportion to its value. 
Public property, church property, cemeteries, and prop¬ 
erty devoted exclusively to school purposes are exempt 
from taxation, and so is two hundred and fifty dollars 
worth of household and kitchen furniture for each family. 
The State tax for school purposes may amount to twenty 
cents on each hundred dollars worth of property. Exclu¬ 
sive of this and of what is levied to pay existing public 
debts, the State tax for general purposes, not including 
county or other local taxes, may amount to thirty-five 
cents on each hundred dollars. 

63. Appropriations.—The money available to carry on 
the government can be paid out only in accordance with 
appropriations made by the legislature that indicate the 
various purposes for which it shall be used and fix the 
amount for each. That collected for a special purpose, as 
for the support of schools, cannot be appropriated to any 
other use. That collected for general purposes is divided 
among the different departments of the government ac¬ 
cording to the judgment of the legislature, this judgment 
being based mainly upon reports from the heads of those 


* Volunteer guards are exempt from all poll taxes except one dollar 
for educational purposes. 



40 


THE CIVIL GOVERNMENT OF TEXAS. 


departments setting forth the work in each and giving an 
estimate of the amount required to pay the salaries of its 
officials and employes, together with other expenses. 

64. The Military System.—The military system of the 
State includes, first, a small force of regular troops known 
as rangers; and second, the State militia, the organized 
portion of which is officially styled the volunteer guards. 

65. Rangers.—Owing to the thin population of West¬ 
ern Texas and of the southwestern part adjacent to the 
Rio Grande, the local authorities in these quarters some¬ 
times have special difficulty in preserving order and exe¬ 
cuting the law. To assist in this work the State main¬ 
tains in regular service four companies of mounted troops 
known as rangers, numbering in all about one hundred 
men, and available for service at any point on short 
notice. 

66. The Militia.—The militia consists of all able-bodied 
male citizens of the State between the ages of eighteen and 
forty-five. Several classes of persons, such as United States 
officials, ministers of the gospel, etc., are exempt from 
military duty except in case of insurrection or invasion. 
The militia is divided into two classes, namely, the re¬ 
serve militia and the volunteer guards. 

67. The Reserve Militia.—The reserve, or unorganized, 
militia consists of all persons liable to military service 
and not belonging to the volunteer guards. It may be 
called out by the governor in emergencies for which the 
volunteer guards are inadequate. 

68. The Volunteer Guards.—This is the organized 
part of the militia. It is maintained partly to meet any 
sudden necessity of the State government,^ for example, 
to disperse a mob that has overpowered the local authori¬ 
ties at any point; and partly to serve as a nucleus about 

^ Its maintenance is encouraged by the United States government, 
because in case of war the volunteer guards of the States could be or¬ 
ganized at the outset into a partially disciplined national army. 



FUNCTIONS OF THE G0VEBN3IENT. 


41 


which the reserve might be organized if it should be re¬ 
quired. Its maximum number is 3000, rank and file. 
The units of its organization, passing from lower to 
higher, are companies, battalions, regiments, brigades, 
and divisions. Each member provides himself a uniform, 
and the State furnishes his arms, which are obtained from 
the United States government. In case of invasion or in¬ 
surrection the volunteer guards must respond to the call 
of the governor to repel or suppress it, and where the 
local authorities are unable to deal successfully with any 
unlawful outbreak the guards must obey also the sum¬ 
mons of the mayor or sheriff needing assistance. 

69. Elections.—Inasmuch as the tenure of all officials 
is limited by the Constitution, it is necessary that elec¬ 
tions should be held at regular intervals. General elec¬ 
tions are held every two years, and special elections at 
times and places fixed by law. For convenience in 
voting, each justice’s precinct in a county is divided into 
election precincts, and each ward in a city constitutes one 
or more. The commissioners’ court appoints a presiding 
officer for each precinct, and he selects two judges and two 
clerks, who, together with himself, are the managers of the 
election. They receive and count the votes and make re¬ 
turns to the county judge and county clerk. The method 
of voting is by ballot. In cities of 10,000 or over it is by 
a form of what is known as the Australian ballot. This 
is intended to secure secrecy, but the form used in Texas 
is not fully adapted to the purpose, for the reason that it 
does not preclude the possibility of ascertaining by an 
examination of the ballots and election records how each 
man has voted. 

70. The Regulative Function.—The object of govern¬ 
ment is the general welfare, but students of political and 
social science differ greatly as to how far it may safely go 
in trying to accomplish that object. Some think it should 
seek only to restrain direct attacks or encroachments of 


42 


THE CIVIL GOVERNMENT OF TEXAS. 


the stronger upon the life, liberty, or property of the 
weaker. Others are of the opinion that it may properly 
and safely undertake to better social conditions. But 
these theories differ only as to the degree to which gov¬ 
ernment should go. Both allow that its main function is 
to regulate, more or less, the relations of men in society. 

71. Suppression of Crime.—One of the primary func¬ 
tions of the State government is the suppression of crime. 
According to the criminal law of Texas, certain means are 
prescribed for the prevention of crime about to be com¬ 
mitted. These are resistance, so far as may be necessary, 
by the person likely to be injured or by others; requiring 
bonds to keep the peace from such as have threatened 
others; dissolving unlawful assemblies, etc. It is, how¬ 
ever, upon punishment that most reliance is placed in 
seeking to check criminality. Death by hanging is fixed 
for the worst crimes. For the more serious of those not 
punishable by death the common penalty is confinement 
at hard labor in the penitentiary for a term proportional 
to the gravity of the offence. For the lighter grades a 
fine or short imprisonment in the county jail is usually 
inflicted. 

72. Regulation of Civil Relations.—People enjoying 
citizenship under the same government must have their 
natural and necessary civil relations regulated by some 
common system. The government of the State under¬ 
takes to shape and administer such a system. The civil 
law applies to such matters as the relations of husband 
and wife, parents and children, guardian and ward, em¬ 
ployer and employ^, and to wills, contracts, etc. 

73. Public Instruction.—Convinced of the fact that 
ignorance constitutes the most serious bar to wise popular 
self-government, and that rational democracy can be se¬ 
cured only through the education of the masses, the peo¬ 
ple of Texas have added to the other functions of their 
government that of public instruction. 


FUNCTIONS OF THE GOVEENMENT. 


43 


74. The Organization of the System—The system of 
public instruction includes the public free schools, the 
University, the Agricultural and Mechanical College, the 
Sam Houston Normal Institute, and the Prairie View 
Normal School. The whole is maintained partly by spe¬ 
cial available funds and partly by appropriations from 
the general revenue of the State. 

75. The Public Schools.—The Constitution of Texas 
makes it the duty of the legislature to maintain an “effi¬ 
cient system of public free schools.” The answer to this 
mandate is the existing system of the State. Its organ¬ 
ization is by counties, districts, and communities. Cities, 
towns, and villages may constitute separate districts. Sec¬ 
tarian teaching is forbidden, and separate schools are pro¬ 
vided for white and colored children. The free instruc¬ 
tion offered by the State is for those eight years old and 
under seventeen; but cities, towns, and villages organized 
as independent districts and levying a special school tax, 
have power to extend these limits. Pupils seventeen 
years old and upward, or under eight, are usually ad¬ 
mitted to the public schools on payment of tuition. In 
general, only teachers that have passed examinations and 
obtained certificates can be employed in these schools. 
The certificates are of two classes, local and State; the 
first being good only in the county or district that issues 
them, and the second throughout the State. They are 
also graded, and in country districts which do not levy 
special taxes the maximum salaries of teachers vary ac¬ 
cording to the grades of the certificates held by them. In 
some counties the public schools are organized by com¬ 
munities, in which there is no regard to distance from the 
school building or to neighborhood boundaries. This 
arrangement, however, is being superseded gradually 
by the district organization, by which the counties are 
divided into school districts. Each of these has one 
or more schools, on which all parents living in the 


44 THE CIVIL GOVERNMENT OF TEXAS. 

district must depend for the free instruction of their 
children. 

76. The State University.—The departments of litera¬ 
ture, science, and arts, of engineering, and of law, which 
are collectively known as the Main University, are situ¬ 
ated at Austin. The medical department is at Galveston. 
The Constitution makes the Agricultural and Mechanical 
College a branch of the University, but there is no connec¬ 
tion in the management of the two. The only cost of in¬ 
struction to students is a matriculation fee of ten dollars, 
paid for each of three successive years, in the departments 
of literature, science, and arts, and of engineering; and 
thirty dollars, paid the first year, in those of law and 
medicine. The total amount of fees required of a student 
for tuition, including matriculation, in any one or more 
departments is limited to thirty dollars. 

77. The Agricultural and Mechanical College is 
located at College Station, near Bryan. The instruction 
offered by it is mainly of a scientific and technical sort. 
Military training is one of its features. All students are 
required to give a certain amount of their time to work in 
the shop or on the farm. The agricultural labor is paid 
for, and in some cases those who wish are allowed to give 
extra time to it. The students live in dormitories belong¬ 
ing to the college, are furnished with board and uniforms 
at specially low rates, and pay fees amounting to about 
ten dollars each per year. 

78. The Sam Houston Normal Institute is located at 
Huntsville. It is intended for the training of teachers 
for the public schools. The students all receive tuition 
free, and two hundred of them, appointed one by each 
representative, one by each senator, and the remainder 
from the State at large by various State officials, share in 
an appropriation by the legislature, which covers a portion 
of their expenses. The share of each has been by recent 
appropriations about fifty dollars. These appointees are 


FUNCTIONS OF THE 00VERN3IENT 


45 


required to sign a pledge that they will teach in the pub¬ 
lic schools of their respective districts for at least as long 
a time as they attend the Institute. 

79. The Prairie View Normal School for Colored 
Teachers is located at Prairie View, near Hempstead. 
Its special function is to train teachers for the colored 
public schools. One student from each senatorial district 
and fifteen from the State at large are given free board, 
lodging, and instruction, and all these are required to sign 
a pledge to teach in the colored schools of their respective 
districts as many terms as they attend this institution. 

80. Revenue for Educational Purposes.—The public 
schools, the University, and the Agricultural and Mechan¬ 
ical College have each a permanent and an available fund, 
the permanent fund being in the nature of an endowment, 
and the available serving to meet current annual expenses. 

81. Permanent Funds.—The permanent fund of the 
public schools is made up of lands, land notes, and State 
and county bonds of Texas, together with the uninvested 
cash arising from their conversion into money. That of 
the University is made up of precisely similar items except 
county bonds, while that of the Agricultural and Mechan¬ 
ical College consists of State bonds. 

82. Available Funds.—Each of the special available 
funds includes the annual proceeds of its corresponding 
permanent fund. These proceeds are in the shape of cash 
received for lease of lands and interest on notes and on 
bonds. The available public school fund includes also 
one-fourth of all occupation taxes, a poll tax of one dol¬ 
lar levied on all persons not exempt by law, and a special 
ad valorem levy, which may reach twenty cents on each 
hundred dollars worth of property and is now fixed at 
eighteen. A law enacted in 1892 provides for the transfer 
of one per cent, of the permanent fund each year to the 
available. The available funds of the University and the 
Agricultural and Mechanical College are supplemented by 


46 


THE CIVIL GOVERNMENT OF TEXAS. 


appropriations from the general revenue. The Prairie 
View Normal School is supported wholly by such appro¬ 
priations, and the Sam Houston Normal Institute partly 
in this way and partly from the available public school 
fund. 

83. Other Functions of the State Government.—The 
State of Texas recognizes fully its obligation to provide for 
its blind, its deaf and dumb, and its lunatics. These are 
cared for at the expense of the State in asylums main¬ 
tained for the purpose. There is one at Austin for each 
of the classes named, besides one for blind and deaf 
and dumb colored youths, and a home for Confederate 
veterans. There is, in addition, a State lunatic asylum at 
San Antonio, another at Terrell, a home for orphans at 
Corsicana, and a reformatory for .youthful criminals at 
Gatesville. The State undertakes also to regulate the 
management of railway corporations, especially by the 
establishment of fixed rates for carrying freight. This is 
done through a commission. In general, the policy of the 
State has been to avoid interference in what have been 
called purely business matters, but tlie increasing control 
of large corporations over public interests makes this policy 
more and more difficult. Various other functions, too nu¬ 
merous to characterize in detail, are assumed by the State. 
One other that may be mentioned is that of looking after 
the health of the public in a general way by establishing 
quarantine regulations, etc. 

2. Functions of Municipal Government. 

84. Nature of Municipal Government.—The munici¬ 
pality, whether it be county, city, town, or village, is organ¬ 
ized for local self-government without sovereignty, and 
with limited powers conferred by the State. The principal 
respect in which these various forms differ is that the gov¬ 
ernment of cities and incorporated towns and villages is 
less directly connected than that of the county with the 


FUNCTIONS OF THE GOVERNMENT. 


47 


State government, and requires more extensive and active 
exercise of what is termed police power. 

85. Local Performance of State Functions by the 
County.—The county can scarcely be said to legislate for 
itself at all. It is little more than a local agency for the 
administration of State law. The main direct contact of 
the government with the people is in the counties, and 
there most of its work is done. There State and local 
administration meet, but it is hard to tell just where one 
ends and the other begins. The public schools are organ¬ 
ized by counties, and similarly, for the most part, are 
taxes assessed and collected. The county determines, 
through the commissioners’ court acting under the laws 
of the State, the rate of taxation for county purposes, but 
has only a degree of control over the expenditure of the 
money. The rate of taxation for the State is prescribed, 
within constitutional limits, by the legislature; but taxes 
due the county, and the greater portion of those due the 
State, are assessed and collected by county officers. The 
assessor and collector are elected by the voters of the 
county and are paid partly from local sources and partly 
by the State; but they are under the direction of the comp¬ 
troller and must report to him. The main courts of original 
jurisdiction,* which are the district and the county courts, 
are also organized by counties. The district court, al¬ 
though a district usually covers two or more counties, has 
in fact a separate organization, as well as separate sessions, 
for each. With the exception of the judge and the prose¬ 
cuting attorney, all the officials, the jurymen, and in most 
cases the parties concerned as plaintiffs and defendants, are 
residents of the county in which the court is held. But, 
while the county has much to do with the composition of 
the courts, it has no direct control over their management. 


^ That is, those in which cases can be tried without having been ap¬ 
pealed from some lower court. 



48 


THE CIVIL GOVERNMENT OF TEXAS. 


This, except for a degree of discretion given the commis¬ 
sioners’ court over the times of holding county court and 
the number of its sessions, is determined almost entirely 
by State law. It is thus impracticable to define strictly 
the limits of county government and distinguish it with 
precision from that of the State. The degree of real self- 
government in the county system, which can be seen only 
in its purely local features, is very slight. 

86. Management of Special County Interests.—Be¬ 
sides serving as the local organ of the State govern¬ 
ment, the county has worh; more peculiar to itself. It 
must levy and collect taxes for the support of its own 
government, which includes the erection and care of pub¬ 
lic buildings. It must look after its roads and bridges, 
and may for that purpose levy special taxes. The limits 
of the county’s taxing power are fixed by the State as fol¬ 
lows : the county may levy on each one hundred dollars’ 
worth of property within its bounds, for general purposes 
not more than twenty-five cents; for roads and bridges 
not more than fifteen cents; ^ for roads, in addition, not 
more than fifteen cents; and for buildings and permanent 
improvements not more than twenty-five cents. The third 
of the four items enumerated can be levied only by a 
majority of the qualified voters who pay a property tax 
in the county. Counties having debts incurred prior to 
1883^ are not limited in the assessment of taxes to meet 
them. The county has also a degree of control over the 
public schools within its boundaries, and it must provide 
for its own paupers. 

87. Functions of the City, Town, or Village Govem- 

^ This may be levied to pay interest on bonds issued to build bridges. 

In this year the Constitution was so amended as to limit the taxing 
power of the counties to the extent here indicated, and even further; 
for the amendment adopted then did not allow the additional road tax 
mentioned as the third item. This was added by another amendment 
adopted in 1890. 



FUNCTIONS OF THE GOVERNMENT 


49 


ment.—Under the title of cities and towns, Texas law rec¬ 
ognizes three classes of municipal corporations which 
overlap. The first is “towns and villages” of from 
two hundred to ten thousand inhabitants, incorporated 
under general law, with few and narrow privileges; the 
second, “ cities and towns ” of more than one thousand 
inhabitants, also incorporated under general law, but with 
numerous and extensive powers; the third, cities of more 
than ten thousand inhabitants incorporated under special 
charter. The Constitution of 1876 prohibits special char¬ 
ters for cities of less population than ten thousand; but 
in the third class may be included a number of such 
towns that had obtained special charters before that con¬ 
stitution was adopted.^ 

88. Police.—The more the population concentrates in 
particular spots—the denser the crowding becomes, the 
more necessary it is to have a system of regulations 
designed to prevent whatever may imperil the peace, 
health, or comfort of the public. These are known as 
police regulations, and it is the peculiar province of the 
city municipality to develop such a system. Towns 
and villages require the same, though in less degree. 
The police power of cities is quite extensive. They 
may pass laws to prevent breaches of the peace and in¬ 
fractions of good order; provide their citizens with water 
and lights; adopt ordinances intended to guard the public 
health; take measures for the prevention and the extin¬ 
guishment of fires, including the organization of a fire 
department; regulate the opening and care of streets and 
alleys and the management of street railways and certain 
kinds of traffic, especially that of the markets and saloons; 
and make regulations covering a multitude of subjects for 


^ The decisions of the Texas courts seem to have established a some¬ 
what more elaborate classification, but that given here is sufficient for 
the purposes of this work. 

4—Tex 


E 



50 


THE CIVIL GOVERNMENT OF TEXAS. 


purposes mentioned in the opening of this paragraph. 
The powers of which a general description is here given 
belong to cities and towns of the second and third classes. 
Towns and villages of the first class are given very limited 
police powers, covering such matters as removal of nuis¬ 
ances, regulation of markets, etc. In order to enforce its 
authority the municipality necessarily has its own courts. 

89. Taxation.—In order to maintain their corporate 
existence and perform the functions thereto belonging, 
cities, towns, and villages may levy special taxes. Their 
powers of taxation, like their other powers, are defined by 
the legislature acting under the Constitution and vary 
widely, being of course greatest for cities and least for vil¬ 
lages. The constitutional limit is two and a half per cent. 
ad valorem. In addition to this the municipality has some 
revenue from fines and license fees and occupation and 
poll taxes. 

90. Education.—Any incorporated city, town, or vil¬ 
lage of over two hundred inhabitants in the State may 
take charge of the public schools within its limits. Towns 
and villages of the first class may incorporate for school 
purposes alone, thus avoiding other municipal activities. 

91. Industrial Functions.—City municipalities are for¬ 
bidden to engage in pure business enterprises and are 
to this extent precluded from assuming industrial func¬ 
tions. A city, however, that has become possessed of a 
water or light plant, or any similar kind of public works, 
may so manage that it shall yield a surplus above all its 
expense—that is, a revenue. The management then takes 
on largely the aspect of a simple matter of business, or of 
profit and loss, and the function assumed by the city is to 
that extent industrial. 


ORGANIZATION OF THE GOVERNMENT. 


51 


n. Organization of the G-overnment. 

1. The Popular Political Organization. 

92. The Citizen.—All persons living in Texas, “ born 
or naturalized in the United States, and subject to the 
jurisdiction thereof,” are citizens of Texas. 

93. The Voter.—While the citizens of Texas, as the 
expression is here defined, all belong to the society, or 
social aggregate, for and by which the government is 
formed, and while all of them are subject to the govern¬ 
ment and have an interest in its working, comparatively a 
small number have the right of participating in its organ¬ 
ization by voting. The classes excluded are women, per¬ 
sons under twenty-one years of age, idiots and lunatics, 
paupers supported by any county, persons who have been 
convicted of felony and whose suffrage has not been re¬ 
stored by the governor, and soldiers, marines, and seamen, 
of the army or navy of the United States. The voter 
must have been for one year next preceding the election 
a resident of the State, and in order to vote for district or 
county officers he must have been also for six months im¬ 
mediately previous a resident of the district or county in 
which he offers to vote. In any case he can vote only in 
the precinct in which he resides. 

94. The Popular Will.—The theory of republican gov¬ 
ernment is that it depends upon, and must ultimately con¬ 
form to, the will of the people governed. One of the most 
important questions for the student, therefore, is concern¬ 
ing the means and methods by which that will is ex¬ 
pressed. 

95. Political Parties.—In politics the will of the people 
means practically the will of the majority, and this can 
find effective expression only when the majority is organ¬ 
ized for the time as a political party. Usually the will of 
a few, or of a minority, can determine the policy of the 
government only through the use of improper, or of extra- 


52 


THE CIVIL GOVERNMENT OF TEXAS. 


ordinary, influence over officials; but it may whenever the 
majority which has elected a certain set of officials dwin¬ 
dles into a minority before another election. In Texas, 
however, where the tenure of most officials is limited to 
two years, such a state of things could not last long. A 
political party is composed of voters who agree upon one 
or more cardinal principles of government, and who favor 
the corresponding policy and are organized to elect offi¬ 
cials that favor it and to carry it out. The principal par¬ 
ties in Texas since the Civil War have been the democratic 
and the republican, but in recent elections the people’s, or 
populist, party has cast quite a large vote. 

96. Primaries and Conventions. —It is impossible that 
all the voters of Texas should assemble in one body to 
consult and legislate. Instead of that, a number of men, 
usually all the voters in a single county, or a group of 
counties, elect some one to represent them, and the men 
thus elected meet and make laws. It is equally impos¬ 
sible for all who belong to any one political party to 
gather for action in a single mass. Therefore the par¬ 
ties must have representative systems. Those members 
of a party that vote in the same precinct get together in 
what is known as a primary and choose delegates to repre¬ 
sent them. All the delegates thus chosen in any particular 
county meet in convention and choose delegates to repre¬ 
sent that county in the conventions of the judicial, the 
senatorial, and the congressional districts to which it be¬ 
longs and of the State. The State convention adopts a 
platform, which contains a statement of the principles 
accepted by the party and of the policy which it prom¬ 
ises to carry out in case it succeeds in the elections. 

The method of nominating, or naming, men who shall 
be put forward as candidates for office by a party varies a 
good deal. The rule is that nominations for State or dis¬ 
trict officers are made by the respective conventions, and 
perhaps in a majority of cases this holds good for the 


ORGANIZATION OF THE GOVERNMENT. 53 

counties also; but a growing practice is to nominate 
county officers by means of a “ primary election,” or a 
vote throughout the county, of the party concerned. When 
a primary election is held, the county convention some¬ 
times takes no action on the matter at all; sometimes it 
declares the result and designates the nominee ; and some¬ 
times, when no one has received a majority, it decides the 
nomination itself 

97. Mass Meeting’s.—Sometimes there suddenly arise 
questions in regard to the management of public affairs 
concerning which no existing party has taken a stand. 
When the people declare their will in such cases it is 
usually through mass meetings, which are in general not 
confined to any one party, but are gathered from all. The 
will of the people is expressed in the resolutions which the 
citizens thus assembled adopt. If the meetings are numer¬ 
ous and large and the policy demanded is evidently sup¬ 
ported by a majority of the people, it is very likely to be 
followed by the government. 

2. The Official Organization. 

98. The Official.—Those who are chosen by the voters 
of the State to take part directly in the government or to 
act as agents in carrying out the will of the people, or 
who are appointed for the same purpose by others so 
chosen, are knowm as officials. 

99. Qualifications of Officials.—Most officials have no 
further qualifications required of them by law than those 
of the voter. In some cases, however, additional qualifi¬ 
cations are requisite, as for the governor and lieutenant- 
governor, judges of the supreme court and courts of civil 
appeals, senators, etc. 

100. Elections.—The principal officials obtain their 
places by election. Elections differ from nominations in 
being directly under the control of the government and in 



54 


THE CIVIL GOVERNMENT OF TEXAS. 


being conducted, therefore, in a manner prescribed by law.^ 
The method employed is for the voters to specify by means 
of ballots, which must be deposited at times and places 
fixed beforehand, whom they wish for the respective offices 
that are to be filled. Usually the choice for each office 
lies between two men—sometimes among several—that 
have been nominated, each getting more or less nearly 
the full vote of the party by which he was put forward. 
If one candidate gets more votes than any other, lie is 
said to have a plurality; if he gets more than all the 
others together, he is said to have a majority. In Texas 
a plurality is sufficient to elect to any office. 

101. Appointments.—Some officials get their places 
not through election by the people, but through appoint¬ 
ment by other officials. Certain heads of departments 
are chosen in this way, and so are all the clerks. But the 
latter, inasmuch as all of them except the chief clerks, 
who almost necessarily have some share in the authority 
and the responsibility of the heads of their departments, 
are concerned mainly with routine work and matters of 
administrative detail, are to be thought of rather as em¬ 
ployes who discharge their duties under supervision, than 
as officials in authority who are elected or appointed to 
shape and carry out a special policy. 

102. Removals.—Officials against whom there is com¬ 
plaint may be removed by certain higher officials, or by 
the process of impeachment, or that of address. Most of 
the executive and judicial officers, from the governor down 
to the district judges inclusive, are removable by impeach¬ 
ment ; judicial officers within the same range, as well as 
the commissioner of agriculture, insurance, statistics and 
history, also by address; and most district and county 
officers, after their trial and conviction for certain offences 


^ Primary elections, which are held only to nominate officials, are 
also recognized and protected by law. 




ORGANIZATION OF THE GOVERNMENT. 55 

specified in the statutes, by the judge of the district. The 
governor may remove officials appointed by him or elected 
by the legislature whose removal is not otherwise provided 
for by law. The mayor, or an alderman of a town or city 
incorporated under the general law, may be tried upon 
certain specified charges and, upon conviction, removed by 
the remaining members of the council. The conviction 
of a county officer for felony, or any misdemeanor involv¬ 
ing official misconduct, works of itself his removal, and 
the sentence must include an order to that effect. Dis¬ 
trict judges may be removed by the supreme court for 
certain causes specified and proved. The procedure by 
impeachment is as follows : the House of Representatives 
adopts articles containing the charge against the accused 
and sends a committee to present and support them be¬ 
fore the Senate, which sits as a court to pass upon the 
case. A two-tliirds majority is required for conviction. 
As an alternative method the two houses may adopt, each 
by a two-thirds majority, an address^ S23ecifying causes 
for the removal of the accused person to the governor, 
who upon receipt of it dismisses him from office. In 
all cases of removal by any method the causes must be 
stated. The effort to remove an official by impeachment 
or address is but rarely made, and far more rarely is it 
successful. 


^ This method is therefore called removal by address. 




CHAPTER IV. 


THE STATE GOVERNMENT. 

103, The Co-ordinate Branches.—The official organ¬ 
ization of the government of Texas, like that of American 
republics in general, is divided into three independent 
and co-ordinate branches: the legislative, the executive, 
and the judicial. The function of the first is to make; of 
the second, to execute; and of the third, to interpret the 
law. 

The Legislative. 

104. The Legislature.—This body shapes and enacts 
laws and is absolute in its law-making power, except for 
the veto of the governor, and the requirements of the Con¬ 
stitution as interpreted by the courts. It is composed of 
the Senate and the House of Representatives, sometimes 
known respectively as the upper and lower houses. Each 
house judges the qualifications and election of its own 
members, makes its own rules, and must keep and publish 
a journal of its proceedings on which the yeas and nays 
on any question shall be entered at the request of three 
members. Each house also elects all the officials neces¬ 
sary to its complete organization except committee clerks 
and pages, who are appointed for the respective houses 
by the president e% ojficio and by the speaker. Two- 
thirds is a quorum for business in either house; both 
must meet at the same place, and neither can adjourn 
for more than three days without the consent of the 
other. Both must hold open sessions, except that the 

06 


THE CAPITOL AT AUSTIN, 

































58 


THE CIVIL GOVERNMENT OF TEXAS. 


Senate may act secretly on executive matters, such as 
nominations for office made by the governor. The salary 
of a member of either house is five dollars per day for the 
first sixty days of each session, and two dollars per day 
thereafter. Members are also entitled to mileage of not 
more than “ five dollars for each twenty-five miles ” ^ 
travelled in going to and returning from the legislative 
sessions. They are exempt from arrest, except for treason, 
felony, or breach of the peace, from the time of leaving 
their homes to attend the legislature until they get back 
after the session is ended. It is the business of the legis¬ 
lature to make laws providing for the systematic perform¬ 
ance of all functions assumed by the government. It 
must make appropriations to cover the expenses of gov¬ 
ernment, and it must, after each decennial census, divide 
the State into districts for the election of representatives in 
congress and of all State officials not elected by the people 
at large. It may effect the removal of certain officials by 
address. One special duty with which it is charged is the 
election of United States senators to represent Texas at 
Washington. 

105. The Senate. —The Senate consists of thirty-one 
members who serve for four years each, fifteen being 
chosen for one legislature and sixteen for the next, so as 
to make what is called a continuing body.^ To provide 
for their election the State is divided into thirty-one 
senatorial districts made up of contiguous territory and 
as nearly as possible equal in voting population. Each 
district is allowed one senator, and the districts must be 
so arranged that no single county shall have more than 
one. A senator must be at least twenty-six years old, a 
citizen of the United States, a qualified voter in Texas, 
a resident of the State for five years next preceding his 

^ See Const Art III. Sect 24. 

^ After each decennial reapportionment the entire number is chosen 
anew, and the senators draw for long and short terms, 




THE LEGISLATIVE. 


59 


election, the last year being in the district for which he is 
chosen. The lieutenant-governor is ex officio president of 
the Senate, but in his absence the president pro tempore, 
who is elected by the Senate, presides. It is the privilege, 
however, of either presiding officer, if he wishes to vacate 
the chair temporarily, to ask some senator to preside 
meanwhile. Tlie functions of the Senate apart from the 
House of Representatives are to sit as a court of impeach¬ 
ment whenever that remedy is invoked by the House, and 
to confirm the appointments made by the governor. 

lOG. The House of Representatives.—The member¬ 
ship of the House of Representatives has not, like that 
of the Senate, already reached its maximum consti¬ 
tutional limit, but may lie changed by a new appor¬ 
tionment made by the legislature. The restrictions gov¬ 
erning such reapportionment are that there must not 
be more than one representative for fifteen thousand 
inhabitants, and the total number shall uot exceed one 
hundred and fifty. Several districts include a number 
of thinly populated counties, while some are made up of 
two or more contiguous counties that have each sufficient 
population for one or more representatives, and that have 
together a sur])lus large enough for another. For example, 
the fifteenth district is Hunt county and has one repre¬ 
sentative; the sixteenth is Kaufman and has one; and 
the seventeenth is composed of Hunt and Kaufman and 
has one. Representatives elected from districts like the 
seventeenth are called floaters. There are by the last 
apportionment, which was made in 1892, one hundred 
and eight representative districts, sixteen of them having 
two representatives each, and two having three each. 
Members of the House of Representatives serve for two 
3 ''ears and are elected all at the same time, except in case 
of special elections to fill vacancies caused by resignation, 
or death, or otherwise, so that the election renews the 
whole house. A representative must be a citizen of the 


60 


THE CIVIL GOVERNMENT OF TEXAS. 


United States, a qualified voter of Texas at th^ time of 
his election, and a resident of the State for two years 
immediately preceding, the last being in the district for 
which he is chosen. The presiding officer of the House 
is elected by it, and is styled the speaker. If he wishes 
to vacate the chair, he may ask some other member to pre¬ 
side for the time. The special functions of the House 
apart from the Senate are to decide upon and to conduct 
impeachment proceedings and to originate bills for raising 
revenue. 

107. Law-making*. —A proposed law, when it is intro¬ 
duced in the legislature, is known as a bill. Its title comes 
first and is followed by what is called the enacting clause, 
the form of which is prescribed by the Constitution and 
which reads, “ Be it enacted by the legislature of the State 
of Texas.” Any bill except those relative to the raising of 
revenue, which must come originally from the House of 
Representatives, may originate in either house and may be 
amended or rejected by the other. No bill can become 
a law till it has been reported upon by a committee and 
has been read in each house on three several days and 
free discussion of it allowed; but a majority of four-fifths 
can suspend the rule as to reading on three several days and 
push a bill through the consecutive steps to final passage 
immediately after it has been reported on by a committee. 
An important bill is usually discussed freely, and perhaps 
amended, in the house where it originates, and, after being 
passed there, is sent to the other to go through a like pro¬ 
cess. Time is occasionally saved by having two bills, 
either entirely or almost identical in their provisions, con¬ 
temporaneously on passage through the respective houses. 
Amendments made by either house must be concurred 
in by the other before becoming part of the bill. When 
any bill has passed both houses in the same form it is 
signed by the presiding officer of each and is then sent 
to the governor for his signature. If it is signed by him. 


THE LEGISLATIVE. 


61 


or if it is not returned with a statement of his objec¬ 
tions to it within ten days exclusive of Sundays, it be¬ 
comes a law. It goes into elFect commonly ninety days 
after the end of the session at which it is enacted; but 
a two-thirds majority of the full membership in each 
house may suspend this rule and make the law effective 
as soon as it passes finally from the governor’s hands. 
When the legislature is in special session it can legislate 
only upon those subjects named by the governor in his 
call. 

The usual process by which a law is made may be sum¬ 
marized as follows: a bill is introduced in one of the 
houses and is read by caption.^ It is then referred to 
a committee and reported upon. At this stage it is read 
in full and, after being amended or altered if necessary 
so as to conform to the will of the majority, is voted on 
and passed to engrossment. The engrossed bill includes 
the alterations and amendments. Then come the third 
reading and passage, and next the same process of com¬ 
mittee consideration, amendment, and voting in the other 
house. When the bill has passed its third reading in 
both houses, it is enrolled, or copied in its final form, with 
the amendments agreed to by both houses after its engross¬ 
ment incorporated, and is signed by the presiding officers 
of both houses. Finalh^, it obtains the governor’s signa¬ 
ture, or is allowed by lapse of time to become a law un¬ 
signed by him, or is passed by the requisite majority 
of the two houses over his veto. 

108. Committee Work.—A notable feature of our 
method of legislation is that the most important work in 
shaping bills and in controlling their fate is done by com¬ 
mittees. The aim of this system is to save time and 
facilitate business in the houses, as well as to secure care- 


1 

bill. 


That is, the title is read. This is called the first reading of the 



62 


THE CIVIL GOVERNMENT OF TEXAS. 


ful consideration for every bill; but one mischievous 
result of it, as it now operates, is that it increases the 
difficulty of fixing responsibility for any particular law 
upon its real authors or advocates. Discussions and votes 
in committee are not recorded, and none of the proceed¬ 
ings are published except what appears in the reports of 
the committee. Each house has a number of standing 
committees appointed by its presiding officer, some of the 
most important being those on the judiciary, on finance or 
appropriations, on education, and that of the House of 
Representatives, or the House, as it is usually called, on 
revenue and taxation. Every bill introduced in either 
house is at once referred to the appropriate committee. 
This is usually the end of it. A committee exercises the 
utmost freedom in dealing with bills. It may simply 
decline to report at all; it may report favorably or ad¬ 
versely ; or it may amend to suit itself and then report. 
There are frequently two opposing reports, one by a major¬ 
ity of the committee, and another by a minority. It is 
easy to see how these circumstances work for or against a 
bill. In case of disagreement between the houses it is 
frequently compromised or reconciled in some way by a 
joint committee appointed for the purpose, and known as 
a conference committee.^ 

109. The Governor’s Message. —The Constitution 
makes it the duty of the governor to send the legislature, 
at the beginning of each of its sessions and at the close of 
his term of office, a message describing the condition of 
State affairs and suggesting needed legislation. The mes¬ 
sage, however, is not mandatory, but simply advisory in 
its nature. 

no. The Veto Power. —In case any bill passed by the 


^ The committee is so called if it has power to consider only amend¬ 
ments, or special points of difference. If it is authorized to consider 
tlie whole bill in controversy, it is called a free conference committee. 



THE LEGISLATIVE. 


63 


two houses and sent to the governor does, not meet his ap¬ 
proval, he may refuse to sign it. If it remains in his hands 
for ten days exclusive of Sundays while the legislature is 
still in session, it becomes a law without his signature. If 
he returns it during the time indicated, together with a state¬ 
ment of his reasons for disapproval, to the house where 
it originated, the proceeding is called a veto. The bill 
can then be passed “ over the veto ’’ only by a two-thirds 
majority of each house. If the legislature adjourns before 
the ten days have expired, the governor may prevent the 
bill from becoming a law by filing his veto with the secre¬ 
tary of State within twenty days from the date of adjourn¬ 
ment and giving notice thereof by public proclamation. 
The veto function, though it is exercised by the governor, 
is to be considered rather as legislative than as executive 
in its nature. 

111. Restrictions upon the Legislature.—The rule by 
which the authority of the legislature is defined is that it 
can do anything not forbidden by the Constitution; but 
this instrument has a long list of restrictions. For exam¬ 
ple, it forbids the releasing of corporations or individuals 
from obligations to the State, the creation of a State debt 
except for purposes which it specifies, etc., etc. The ten¬ 
dency in shaping constitutions evidently is to make these 
restrictions more extensive and detailed, which appears 
in some respects unfortunate. 

112. Filibustering.—Sometimes the passage of a bill 
favored by a majority, but specially distasteful to a 
minorit}^ of one or both houses, is delayed or altogether 
prevented by a method known as filibustering. This 
consists in obstructing the progress of legislation by such 
means as the rules of the house in which the obstruction 
is tried will allow. The principal filibustering expedient 
is for the minority, after due preparation and when some 
particular question concerning the objectionable bill is 
pending, to demand a “ call of the house,” e., the bring- 


64 


THE CIVIL GOVERNMENT OF TEXAS. 


ing in of all absent and unexcused members before a vote 
is taken. The demand usually develops the fact that there 
are such unexcused absentees. The minority sometimes 
makes the call a more effective obstruction by sending 
one or two of its own number away. After the house has 
been put under call there commonly follows a motion by 
some member of the majority to excuse the absentees in 
order to proceed with business. This requires, how^ever, 
a two-thirds majority; and if it be lacking, there is 
nothing to be done except to give up the measure, or to 
keep the house under call and w^ait for the sergeant-at- 
arms to bring in the absentees. Methods of filibustering 
would naturally vary with the rules of the house in which 
they are tried. The one here described is that which ap¬ 
pears to be best adapted to the existing rules of the Texas 
Senate and lower house. 


THE EXECUTIVE. 


65 


The Executive. 

113. Functions and Organization.—The executive 
branch of the government is charged with the execution, or 
the administration other than judicial, of the law. It has 
some power to interpret law; but this is either simply 
provisional, or exists only so far as necessary in order 
to preserve the independence of the executive. At the 
head of this branch is the governor; and it is fur¬ 
ther composed of the various heads of departments and 
boards and the railroad commission. In contrast with 
the federal organization, w'hich gives the president power 
to appoint all heads of departments, that of Texas 
requires election of the most important by the people. 
This is the general rule in the States. The governor of 
Texas appoints the secretary of State, the commissioner 
of agriculture, insurance, statistics, and history, the adju¬ 
tant-general, and the various boards not having their 
membership fixed by the statutes, as well as the State 
health officer, the revenue agent, etc. The attorney-gen¬ 
eral, comptroller, treasurer, commissioner of the general 
land office, superintendent of public instruction, and 
railroad commissioners are elected by the people. All 
officers of the executive branch are required to make 
semi-annual reports to the governor, showing their re¬ 
ceipts and disbursements, and may be called upon at any 
time for information in writing as to the management of 
their respective oflSces or institutions. Heads of depart¬ 
ments are required to furnish, on payment of fees pre¬ 
scribed by law, certified copies of records in their offices 
to any person applying therefor. Chief clerks have a 
share of the authority and the responsibility of the heads 
of their respective departments. The term of two years 
is prescribed for all officials of the executive branch ex¬ 
cept railroad commissioners, regents of the University, etc. 

6—Tex 


66 


THE CIVIL GOVERNMENT OF TEXAS. 


114. The Governor must be at least thirty years of 
age, and must have resided in the State five years imme¬ 
diately preceding his election. During his term of serv¬ 
ice he can hold no other office nor practice any profes¬ 
sion for compensation, nor can he reside elsewhere than 
at the seat of government, except as required or authorized 
by the legislature. He must account to that body for all 
public moneys received and paid out by him. His general 
duty is to “ cause the laws to be faithfully executed.” ^ He 
is commander-in-chief of the State troops when in the 
State’s service, and has power to convene the legislature in 
extra session; to suggest legislation and veto bills; to 
grant reprieves, commutations of punishment, and par¬ 
dons; and to fill by appointment vacancies in district 
ofiices and those of the State, except the legislature. 
He is ex officio a member of the board of education and 
of the State board of equalization. His salary is $4000, 
and a mansion is provided for him by the State. 

115. The Lieutenant-Governor.—The qualifications 
of the lieutenant-governor are the same as those of the 
governor. He is ex officio president of the Senate, and in 
case of the absence or disqualification of the governor, or 
in the event of any vacancy, permanent or temporary, in 
the chief executive office, must discharge the duties per¬ 
taining to that. His pay when acting as president of the 
Senate is that of a senator, and when acting as governor 
the same for the time as that of the governor. 

116. The Comptroller of Public Accounts.—The comp¬ 
troller is the keeper of the State’s accounts. He is re¬ 
quired to give bond in the sum of $75,000 for the faith¬ 
ful performance of his official duties. These are, to re¬ 
quire settlement of accounts due the State; to examine 
and approve, so far as he deems correct, the accounts of 
those to whom the State is indebted and to issue warrants 


Const Art IV. Sect 10. 



THE EXECUTIVE. 


67 


upon the treasur}^- for the amounts due; to report to the 
treasurer at the end of each month the warrants drawn 
during the month, and at the end of each quarter to ad¬ 
just accounts with the treasurer and cancel warrants that 
have been paid during the quarter; to prescribe and pub¬ 
lish regulations not inconsistent with the laws of the State 
for the assessment and collection of taxes; to preserve 
bonds and securities belonging to the State; to report to 
the governor annually, or oftener if required, the condi¬ 
tion of the State funds, receipts and expenditures for the 
preceding year, and estimates of revenue and necessary 
expenses of government for that ensuing. The comp¬ 
troller is ex officio a member of the State board of educa¬ 
tion. His salary is $2500. 

117. The State Treasurer gives bond in the sum of 
$75,000 for the faithful performance of his official duties. 
These are, to receive and pay out money on the warrants 
of the comptroller, keeping strict account thereof, and to 
report to the governor annually, or oftener if so required, 
the condition of the treasury, showing the balance it 
holds, and a summary of receipts and disbursements for 
the preceding year, or whatever time may be specificalh’’ 
named. He is ex officio a member of the State board of 
public printing. His salary is $2500. 

118. The Commissioner of the General Land Office. 
—The land commissioner, as he is briefly called, must 
give bond like the comptroller and treasurer, the sum re¬ 
quired in his case being $50,000. His general duties are 
to superintend, in accordance with and subject to the laws 
of the State, the sales, leases, and general management of 
the public lands; to report to the governor or either branch 
of the legislature concerning the work of his department 
from time to time as may be required; and to give in¬ 
structions from data in his office as to how disputed 
county lines shall be surveyed, and in case of an election 
as to the removal of a county seat, to determine similarly 


68 


THE CIVIL GOVERNMENT OF TEXAS. 


the geographical centre of the county. He must reside at 
the capital. His salary is $2500. 

119. The Attorney-General is the State’s legal adviser. 
It is his duty to represent the State in the higher courts; 
to give advice to district and county attorneys, and when 
suits ordered by the comptroller fall properly to them, to 
forward papers and instructions for the same, to require 
reports concerning such suits, and himself to report, when 
required, their status to the comptroller; to prepare forms 
for legal instruments for the use of the State; to give advice 
in writing to the governor or heads of departments con¬ 
cerning their official duties, or in matters touching the pub¬ 
lic interest; to inspect the accounts of all officers or indi¬ 
viduals charged with the custody or collection of funds 
belonging to the State,^ and to institute the proper legal 
proceedings on discovery of any default or arrears; to 
make, in conjunction with the comptroller and treasurer, 
the best possible disposition of judgments against insolv¬ 
ents in favor of the State; to keep a register of his official 
acts and opinions; to examine articles of incorporation for 
railroads, and to take the proper legal action to prevent 
corporations from exceeding their powers or to obtain, if ■ 
necessary, forfeiture of their charters ; to pass on the valid¬ 
ity of issues of county or city bonds; and in case the duty 
cannot be discharged by the secretary of State, to preside 
at the organization of the House of Representatives. The 
attorney-general is ex officio a member of the State print¬ 
ing board and of the State board of equalization. He must 
reside at the capital. His salary is fixed at $2000 together 
with fees not to exceed the same amount. 

120. The State Superintendent of Public Instruc¬ 
tion.—The duty of the superintendent of public instruc¬ 
tion is to supervise the administration of the school law 
and to superintend business relating to the public schools 


^ The statutes require this, but it is practically impossible. 



THE EXECUTIVE. 


69 


of the State; to determine appeals from the rulings and 
decisions of subordinate school officers; to provide suit¬ 
able blanks for reports of such officers and of teachers, 
and for use in connection with the business of the schools; 
to transmit to those concerned with the management of 
the public schools such instructions as he may think 
adapted to secure the best execution of the school laws; 
to examine and approve accounts against the school fund; 
to file and index all reports and papers relative to the pub¬ 
lic schools sent to him or to the State board of education; 
and to have the school laws of the State printed and dis¬ 
tributed. He is ex officio secretary of the State board of 
education, and his salary is $2500. 

121. Railroad Commissioners.—The railroad commis¬ 
sion is composed of three members elected by the people, 
one every two years for a term of six years. A railroad 
commissioner must be a resident citizen of the State, not 
less than twenty-five years old, not a holder of any other 
office of a State or the United States, and not in any way 
interested in railroad property. The duties of the com¬ 
mission are to classify railroad frtdghts; to fix rates for 
railroad transportation of freight, express matter, or pas¬ 
sengers between points in the State; to ascertain the actual 
value, the indebtedness, and the operating expenses of 
every railroad in the State; to make investigations in order 
to determine what rates are reasonable and fair, examin¬ 
ing for that purpose the books of railroad companies, and 
requiring under penalty the testimony of witnesses so far 
as may be necessary; to report violations of laws con¬ 
cerning railroads to the attorney-general; and to make 
annual reports to the governor of its official transactions, 
together with such information and recommendations as 
it may think advisable. The salary of a commissioner is 
$4000, with travelling expenses when engaged in official 
duty. 

122. The Secretary of State is required to preserve 


70 


THE CIVIL GOVERNMENT OF TEXAS. 


a record of the governor’s official acts; to keep a reg¬ 
ister of all officers appointed or elected in the State and 
commission them in all cases not otherwise provided 
for by law; to preserve documents of the State bearing 
its seal and properly belonging in his office, together 
with bills that have become laws and printed volumes 
received from other States or nations containing their 
laws; to attend to the publication of the laws of the 
State and the distribution of volumes containing them 
and of reports of the supreme court and courts of appeals; 
to furnish forms for election notices, writs, and returns, 
and in certain cases to take charge of, or to count, the last; 
to preside at the organization of the legislature, etc. He 
is ex officio a member of the board of public printing and 
the State boards of education and of equalization. His 
salary is $2000. 

123. The Commissioner of Agriculture, Insurance, 
Statistics, and History.—The official with this cumber¬ 
some title must not be interested in any insurance com¬ 
pany, except as insured, nor in the ownership of any mine 
or mineral lands. The bond required of him is in the 
sum of $5000. His duties are to execute the laws falling 
under the title of his department; to have charge of the 
State library; to keep bound files of the leading news¬ 
papers of the State; to preserve historical relics in pos¬ 
session of the State, to gather historical information rela¬ 
tive to Texas, and to get from Mexico, as far as possible, 
either the original archives of Texas or copies thereof; to 
gather statistics of the population, wealth, and resources 
of the State; and to have charge of the State geological 
survey. Statistics relative to agriculture, horticulture, 
and stock-raising are gathered in this department by 
means of blanks with printed questions sent out to as¬ 
sessors; but there is no penalty provided for failure to 
return the blanks properly filled out. The commissioner 
is ex officio a member of the board of directors of the 


THE EXECUTIVE. 


71 


Agricultural and Mechanical College. His salary is 

$ 2000 . 

124 . The Adjutant-General is not classed by the stat¬ 
utes as among the heads of departments, but his func¬ 
tions are sufficiently like theirs to justify treating him 
here as one of them. He is chief of the governor’s mili¬ 
tary staff and, as such, active head of the State troops. 
His official bond is in the sum of $10,000. His duties are 
to keep in charge all munitions of war belonging to the 
State; to issue the orders of the commander-in-chief, the 
governor; to keep on file records pertaining to the military 
service of the State; to report annually to the governor 
concerning the condition and interests of this service; to 
keep an account of public moneys received or paid out by 
him; and to have printed and distributed the laws gov¬ 
erning the militia. His salary is $2000. 

125 . The State Health Officer has general oversight 
of the execution of sanitary and quarantine laws and 
regulations. He is charged with the supervision of the 
appointment of public analysts and chemists, and with 
the preparation of rules and regulations for the inspec¬ 
tion of food and drugs. If circumstances demand a quar¬ 
antine in any part of the State, and the governor, for any 
reason, cannot act at once, the State health officer is em¬ 
powered to declare and maintain such quarantine until 
the governor can issue his proclamation. The official 
bond of the State health officer is in the sum of $10,000. 
His salary is $2500, and his necessary travelling expenses 
incurred while in discharge of the duties of his office are 
paid from the treasury. 

126. The Revenue Agent.—The office of revenue agent 
was created for the purpose of securing a better enforce¬ 
ment of the revenue laws. The duty of the agent is to 
examine, when so directed by the governor, the books and 
accounts of assessors or collectors or any persons receiv¬ 
ing or disbursing public money, in order to ascertain 


72 


THE CIVIL GOVERNMENT OF TEXAS. 


whether the laws governing such matters have been vio¬ 
lated. His salary is $2000, and his actual travelling ex¬ 
penses are paid by the State. 

127 . Administrative Boards. —The management of 
the various educational, charitable, and penal institutions 
of the State, and of some of its special interests, is in the 
hands of boards created for the purpose. The boards of 
education, of printing, and of equalization have their mem¬ 
bership fixed by law, while the others are all appointed 
by the governor and confirmed by the Senate. 

1. The Board of Education is composed of the governor, 
vyrho is ex officio president, the comptroller, and the secretary of 
State. The superintendent of public instruction is ex officio its sec¬ 
retary. The duties of this board are to make annual apportion¬ 
ments of the available school fund among the counties and such 
cities and towns as are organized as separate districts, to conduct 
the management of the Sam Houston Normal Institute, and to hear 
appeals from the rulings of the superintendent. Its sessions must 
be held at the capital. 

2. Regents of the University. —These are eight in number. 
They are appointed two every two years, each for a term of eight 
years. They are charged with the management of the University 
and of the lands belonging to its endowment. Their expenses are 
paid, but they have no salary. The secretary of the board is chosen 
by it, but not from its own membership, and is paid six hundred 
dollars per year. 

3. Directors of the Agricultural and Mechanical Col¬ 
lege. —This board has four members, besides the commissioner of 
agriculture, who are appointed each for six years. Its duties and 
powers relative to the College are the same as those of the regents 
relative to the University. It has charge also of an agricultural 
experiment station which is connected with the College, and of the 
Prairie View Normal School. The directors are paid only the 
amount of their actual expenses, except in the case of the secretary, 
who is elected by the board out of its own number, and who has an 
allowance of five hundred dollars per year. 

4. Local Board of Directors for the Sam Houston Nor¬ 
mal Institute. —The local directors of the Institute are three in 
number. They have general supervision of its buildings and grounds 


THE EXECUTIVE. 


73 


and perform such duties connected with it, and make such reports, 
as the board of education may require. They get an annual salary 
of not more than one hundred dollars each. 

5. Trustees of Asylums. —The various asylums maintained 
by the State, including the Confederate Home at Austin, are man¬ 
aged each by a board of trustees consisting of five members. The 
membership of these boards is almost entirely local— i. e., made up 
of persons living in the neighborhood of the asylums. The board 
for the Confederate Home must be composed of ex-Confederate 
soldiers, and the superintendent of the Home must have the same 
qualification. The various boards are charged by law with the 
election of superintendents for, and with the general management 
of, their respective asylums, and they are required to report bien¬ 
nially to the legislature. The trustees are paid each five dollars 
per day for attendance upon regular meetings provided for by the 
statutes and not lasting more than one day, and five cents per mile 
for distance travelled going and returning. 

6. Penitentiary Commissioners. —The general management 
of the State’s penitentiaries is in the hands of a board of commis¬ 
sioners, who are three in number, and whose duties include making 
contracts for additional buildings, leasing convict labor, purchasing 
farms on which the State may itself use such labor, prescribing 
rules for handling convicts, etc. Each member receives six dollars 
per day and actual travelling expenses while in performance of 
official duties. 

7. Trustees of the House of Correction and Reforma¬ 
tory. —This board numbers three, and its duties are to formulate 
rules and regulations for the management of the institution, and 
after these have been approved by the governor to attend to their 
enforcement. The board is required also to make regular reports to 
the governor giving an account of its official transactions and show¬ 
ing the condition of the affairs of the reformatory. The members 
receive each five dollars per day actual expenses while discharging 
official duties, the total amount paid any one being limited to one 
hundred and fifty dollars per year. 

8. Pardon Advisers.—There are two of these, and their duty 
is to assist the governor in passing upon applications for pardon. 
They have no definite term. Their service is limited to one hundred 
days per year, and their compensation is five dollars for each day 
spent in the discharge of their official duties. 

G 


74 


THE CIVIL GOVERNMENT OF TEXAS. 


9. The Board of Public Printing is composed of the at¬ 
torney-general, the State treasurer, and the secretary of State. Its 
duty is to contract for public printing, including the laws, journals 
of the Senate and House of Representatives, reports of officials, 
stationery for departments, etc. It is authorized to employ an ex¬ 
pert printer to assist in settling technical questions. 

10. The State Board of Equalization consists of the gov¬ 
ernor, the attorney-general, and the secretary of State. Its duty is 
to hear and determine appeals that may be made from the decision 
of the comptroller fixing the value of lands belonging to non¬ 
residents in unorganized counties and rendered to him for taxation. 


The Judicial. 

128 . Functions and Organization.—The judicial is 
the special law-interpreting or law-administering branch 
of the government. It is charged with the duty of decid¬ 
ing how the law applies to particular cases in which there 
is a formal prosecution, or raising of the question. The 
various officials belonging to the legislative and executive 
branches must interpret and administer law also, but their 
decisions are in most cases subject to review and revision 
by the judicial. This branch is composed of the supreme 
court, the court of criminal appeals, courts of civil ap¬ 
peals, district courts, county courts, commissioners’ courts, 
justices’ courts, and mayors’ or recorders’ courts. 

129 . The Supreme Court of Texas is composed of a 
chief justice and two associate justices elected by the peo¬ 
ple, one every two years for a term of six years. Judges 
of the supreme court must be at least thirty years of 
age and must have been, when elected, practising law¬ 
yers or judges for at least seven years. Each has a 
salary of $4000. The jurisdiction of the supreme court 
is civil and mainly appellate— i. e., confined to review¬ 
ing civil cases that have already been tried in the lower 
courts. The only courts, however, from which cases 
pass directly to the supreme court are those of civil 


THE JUDICIAL. 


75 


appeals. It may issue writs of habeas corpus^ mandamus^^ 
and all others necessary to maintain its jurisdiction. 
Cases in which the decision of the court of civil appeals 
is not final may go to the supreme court on appeal or 
by writ of error. Appeal in such cases, however, is not 
made by plaintiff or defendant; it is simply a statement 
of conflict in the opinions of judges sent up to the supreme 
court by the court of civil appeals itself. This may occur 
in cases in which the court of civil appeals is divided, or 
in which it overrules a previous decision of its own or of 
another court of civil appeals or the supreme court. If 
the judges of a court of civil appeals wish, they can ask 
for the decision of the supreme court on a question of law 
pending before them undecided. In all cases of appeal 
the decision of the supreme court on the point at issue is 
entered as that of the court from which the appeal comes. 
In cases where there is no conflict of opinion and where 
the decision of the court of civil appeals is not made final 
by the statutes, any special feature of the judgment of this 
court may be reviewed by the supreme court through what 
is called a writ of error. This may be issued in answer to 
a petition from one of the parties setting forth the nature 
of the alleged error by the court of civil appeals in apply¬ 
ing the law. If the petition is in due form and the su¬ 
preme court thinks there is ground for the allegation of 
error, it issues the writ, which calls up the case for judg¬ 
ment of the contested point. This court never reviews 
evidence, nor does it pass upon any point in a case before 
it, except such as is called in question by appeal or writ 
of error. 

130. The Court of Criminal Appeals. —This is the 

^ The writ of mandamus is a command from the court, and that of 
habeas coipus is in effect the same. The former is a direct order to some 
person or persons or organization to do something prescribed by the 
court; and the latter requires tlie custodian of a prisoner to produce 
him in person before the court and show by what warrant he is held. 



76 


THE CIVIL GOVEBNMENT OF TEXAS. 


supreme criminal court of Texas. It has appellate juris¬ 
diction in criminal cases throughout the State. It is com¬ 
posed of three judges, who have the same qualifications, 
tenure, and salary as the judges of the supreme court and 
are elected in the same way. Two out of three make a 
quorum, and the concurrence of two is necessary to a de¬ 
cision. The court of criminal appeals holds three terms 
annually : one at Tyler, beginning on the first Monday in 
October, one at Dallas, beginning on the first Monday in 
January, and one at Austin, beginning on the first Mon¬ 
day in April. 

131. The Courts of Civil Appeals.—There are five of 
these courts, one for each of five districts into which the 
State is divided. Ordinarily each hears appeals from 
lower courts in its own district, but if the docket of any 
one of the five becomes very much crowded the supreme 
court may relieve it by transferring some of its cases to 
another with less business on hand. Judges of the courts 
of civil appeals have the same term and qualifications as 
those of the supreme court, but their salary is $3500. The 
courts of civil appeals have appellate jurisdiction over civil 
cases that have been tried in the district courts, those in 
which the county courts have original jurisdiction, and 
those in which the same have appellate jurisdiction if the 
judgment or amount in controversy exceeds $100 exclu¬ 
sive of interest and costs. The judgments of the courts 
of civil appeals are final in certain cases enumerated in 
the statutes.^ 

132. District Courts.—The State is divided into fifty- 
three judicial districts, each of which has its own court. 
Sometimes where a district includes two or more counties, 
one of them containing a city, a separate district is made 
of the county in which the city is situated. In this way 
one district is made to include another. For example, the 


^ See Revised Statutes of Texas, Art. 996. 



THE JUDICIAL. 


77 


twent 3 ^-sixth district is composed of Williamson and Travis 
counties, while the fifty-third is Travis alone, this being 
the county in which Austin lies. In districts so arranged, 
the courts of the two have concurrent jurisdiction in the 
smaller— i. e., any case originating in this district that 
could properly be tried in one of the courts might as 
properly be tried in the other, unless the judge of the 
latter should chance to be disqualified. Besides the fifty- 
three regular district courts of the State, there is a crimi¬ 
nal district court for the counties of Galveston and Harris, 
in which lie respectively the cities of Galveston and Hous¬ 
ton, and one for Dallas county, in which is situated the 
city of Dallas. These courts have the criminal jurisdic¬ 
tion of both district and county courts in the districts to 
which they belong, which leaves to those regular courts 
only their civil jurisdiction. Judges of the district courts 
must be at least twenty-five 3 "ears old, practising attorneys 
or judges of not less than four years’ standing, and for two 
years next preceding the election resident in their respec¬ 
tive districts. The salary of a district judge is S2500, and 
his term of office is four years. The district court has 
original jurisdiction in criminal cases of felony grade, in 
cases of misdemeanor involving official misconduct, in 
civil cases wffiere the value in controversy is more than 
$500, and in certain other civil cases specified by law.^ 
It has also appellate jurisdiction over the county court in 
probate matters, and over the commissioners’ court. There 
must be during each year at least two regular sessions of 
the district court at each county seat in the district. 

133. County Courts.—There is one of these in every 
organized county. It is presided over by the county judge. 
His term is two j^ears, and his salary consists partly of 
fees and partly of such allowance as may be made him 
by the commissioners’ court for the discharge of ex officio 


See Revised Statutes, Art. 1098. 



78 


THE CIVIL GOVERNMENT OF TEXAS. 


duties. The original jurisdiction of the court extends to 
civil suits where the value in controversy is over two hun¬ 
dred and not over one thousand dollars, and to misde¬ 
meanors which do not involve official misconduct and 
which may be punished by imprisonment or by a fine of 
more than two hundred dollars. The county court has 
also appellate jurisdiction over civil cases tried injustices’ 
courts where the value involved is more than twenty dol¬ 
lars, and over criminal cases tried in lower courts.’ It 
must hold at least four sessions annually. 

134. Commissioners’ Courts.—There is one of these 
courts also in each organized county. The county judge 
is its presiding officer, and its other members are four in 
number. They are styled commissioners, and one is elected 
from each of four precincts into which the county is divided 
for the purpose. While this body is organized as a court 
and has power to issue certain writs, etc., its functions are 
administrative rather than judicial. 

135. Justices’ Courts.—Each county is divided into 
precincts, not less than four nor more than eight in 
number, and each precinct has a justice’s court presided 
over by a justice of the peace, who is elected by the voters 
of the precinct and paid by fees. This court has civil 
jurisdiction where the value in controversy is not over 
two hundred dollars, and criminal jurisdiction over mis¬ 
demeanors not involving official misconduct and punish¬ 
able by a fine of not exceeding the same amount. There 
must be one term of the court each month. 

136. Mayors’ or Recorders’ Courts are peculiar to in¬ 
corporated towns and cities. They have criminal jurisdic¬ 
tion extending to all cases of violation of city ordinances. 

137. Clerks of the Courts.—Each of the courts has 
a clerk, who keeps a record of its official proceedings and 


' In several counties the jurisdiction of this court has been transferred 
partially to the district court. 



THE JUDICIAL. 


79 


performs certain other duties required of him by law. 
The clerk of the supreme court, for example, is librarian 
for the court; the clerk of the district court in certain 
cases administers oaths, takes depositions, etc.; and the 
clerk of the county court, who is also ex officio clerk of the 
commissioners’ court, must record deeds, issue marriage 
licences, etc. The court of criminal appeals has a clerk 
for each place where it sits, and the district court has one 
for each county in the district. 

138. The Jury System.—An essential feature of the 
district and other inferior courts is the jury system. The 
broad distinction between the functions of the judge and 
those of the jury is that the judge passes upon the law and 
the jury upon the evidence. In actual practice, however, 
questions of law and evidence are often almost indistin- 
guishably blended. Jurors must have certain qualifica¬ 
tions prescribed by law.' Juries are of two kinds, grand 
and petit. 

139. The Grand Jury consists of twelve men, selected 
by three commissioners appointed for the purpose, for 
each term of the district court. The jurors are selected 
from the county in which the term is held, and their duty 
is to obtain evidence and shape indictments against per¬ 
sons accused of crime. The grand jury acts under general 
instructions, known as a “charge,” from the district judge, 
and with the cooperation of the district attorney. Its 
sessions are secret. 

140. The Petit Jury sits to hear the evidence in any 
particular case and, acting under a “charge” from the 
presiding judge of the court as to the law that is applica¬ 
ble, brings in a verdict according to its judgment of the 
facts. It numbers twelve in the district court and six 
in the county and justices’ courts. For the district and 


^ See Revised Statutes of Texas, Arts. 3138-3144; Code of Criminal 
Procedure, Arts. 372, 378. 



80 


THE CIVIL GOVERNMENT OF TEXAS. 


county courts the jurors are chosen by a complicated system 
in which selection by an appointed commission, by lot, and 
by the presiding judge, together with exclusion by the chal¬ 
lenges of both plaintiff and defendant, all play a part. For 
the justice’s court the process is somewhat simpler. The 
verdict must be unanimous. If the jury cannot agree, the 
case must be tried over before another. 


CHAPTER V. 

LOCAL GOVERNMENT. 


141. The Organs of Local Government.—The sub¬ 
divisions of the State for purposes of local government 
are termed municipal. They are the county, which is 
subdivided into precincts, and the incorporated city, town, 
or village. The town in the New England sense and the 
township have no existence in Texas. 

142. Powers of Local Self-Government.—The power 
of a municipality to govern itself is granted by the State, 
which, of course, defines the limits of the grant. No city 
or county can have a complete code of law established by 
its own authority, but it can regulate local affairs within 
the limits of that authority. In this respect the county 
shows far less activity than the city. 

The County. 

143. Relation of the County to the State.—The county 
is a subdivision of the State intended to facilitate govern¬ 
ment, by leaving it to the people of each locality to admin¬ 
ister the laws of the State in that locality and to attend to 
their own affairs according to their own will and judgment, 
so far as this can be done without injury to the general in¬ 
terest represented by the State government. There are 
now two hundred and forty-four counties in Texas, nine¬ 
teen of which, owing to the thinness of their population, 
are yet unorganized. The Constitution provides that coun¬ 
ties created from unorganized territory shall contain not 
less than nine hundred square miles; that new counties 

6—Tex 81 




82 


THE CIVIL GOVEBNMENT OF TEXAS. 


created from those already existing shall have an area of 
not less than seven hundred square miles, no part of which 
shall be less than twelve miles from a previously estab¬ 
lished county seat; and that no existing county shall be 
cut to less than seven hundred square miles. New coun¬ 
ties may be formed from existing ones by the legislature, 
and a part of one county may be transferred by legislative 
act to another, after a majority of votes in each county 
affected has been cast in favor of such transfer. A sim¬ 
ple majority of voters in a county may move the seat of 
it from a point outside a circle of five miles radius around 
the geographical center of the county to a point within 
that circle, but in any other case to move the county seat 
requires a two-thirds majority. 

144. Organization of the County Government.—The 
courts belonging to the county at large, whose officials are 
elected by the county and whose jurisdiction does not ex¬ 
tend beyond its limits, are the county and commissioners’ 
courts. The latter is the chief administrative organ of the 
county. 

145. The Commissioners’ Court in its Administra¬ 
tive Capacity.—Whatever the county has the power to 
do for itself is done mainly through this court, which has 
charge of the county buildings and oversight of its roads 
and bridges, provides for the care of paupers, and may, 
under restrictions established by law, levy special taxes in 
the county. 

146. The County Ofidcials.—Besides the officials who 
compose the county and the commissioners’ courts, there 
are a number elected by the county who are responsible to 
it only by virtue of this election and are in very slight meas¬ 
ure under its direct control. These are the sheriff, district 
and county clerks, assessor, collector, treasurer, superin¬ 
tendent of public instruction, and county attorney. There 
are also in each county a number of officials known as 
notaries public, who are appointed by the governor. The 


THE COUNTY. 


83 


term of all county officials is two years. Their salaries 
consist mainly of fees prescribed by law. 

14T. The Sheriff.—The sheriff is the chief peace officer 
of the county. He is charged with the arrest and safe¬ 
keeping of all offenders against the law until their exami¬ 
nation or trial. Usually the arrest is made on a war¬ 
rant issued by some magistrate; but any peace officer 
may arrest a guilty or accused person without a warrant 
in case of a felony or an “ offence against the public peace,” 
committed in sight of the officer himself or of a magis¬ 
trate who verbally orders the arrest, or in case there is sat¬ 
isfactory assurance that such a crime has been committed 
and that the criminal is about to escape. The sheriff is 
authorized to appoint deputies with the same powers and 
duties as himself, and to call, if necessary, a posse to his 
help in the execution of any legal process. He is required 
to attend the sessions of all courts held in his county, from 
the commissioners’ to the supreme court, and must execute 
any process directed to him by legal authority. He must 
give bond for the faithful performance of his official duties 
in a sum fixed by the commissioners’ court, at not less 
than $5000, nor more than $30,000. 

148. The Assessor.—The principal duty of the assessor 
is to ascertain the value of all property subject to taxation 
in the county. In counties having the community system 
of public schools he is required also to take the scholastic 
census. In assessment the property is first valued by the 
owner or his agent under oath, which the assessor is au¬ 
thorized to administer. Where parties fail or refuse to 
state values fairly, it must be done by the assessor himself. 
The lists of values made out in this way are subject to re¬ 
vision by the commissioners’ court sitting as a board of 
equalization. When they have been approved by this 
board the assessor must make three copies of the whole, 
known as rolls, one for the collector, one for the btate 
comptroller, and one to be kept open to public inspection 


84 


THE CIVIL GOVERNMENT OF TEXAS. 


in the county clerk’s office. He must prepare also lists 
of unrendered property to be distributed in the same way. 
The bond required of the assessor amounts to one-fourth 
the State tax of the county according to the last preceding 
assessment, but is not to exceed $10,000. He receives five 
cents for each hundred dollars assessed up to two millions, 
two and a half cents from that to five millions, and two 
cents above five millions. The State pays two-thirds of 
his commission, and the county one-third. Where he 
takes the scholastic census he is allowed five cents for 
each name of the first thousand enrolled, and three cents 
each for all above. This is paid out of the available school 
fund. The assessor may appoint deputies with the same 
powers that are exercised by himself. 

149. The Collector.—The special duty of this official is 
to collect the taxes due the State and county, and to pay 
the amounts thus collected into the hands of the treasurers 
authorized to receive them. He must report collections, 
together with a list of insolvents and ^delinquents, to the 
comptroller, and post one copy of this list at the county 
court house and one in each justice’s precinct in the county. 
He is required to give bond in the sum of the State and 
county taxes as shown by the last preceding assessment. 
His pay is five per cent, of the first ten thousand dollars 
collected for the State, four per cent, of the next, and one 
and one-fourth per cent, on all above; five per cent, on 
the first five thousand collected for the county, four per 
cent, for the next, and two per cent, on all above; five per 
cent, on occupation and license taxes; and one per cent, 
on collections for railroad subsidies. The collector may 
appoint deputies in the same manner as the assessor. 

150. The Treasurer.—The duty of the treasurer is to re¬ 
ceive moneys belonging to the county, including the school 
fund, pay them out on proper vouchers, and account for 
them by reports to the commissioners’ court. He must 
register all claims against the county and file reports of 


THE COUNTY. 


85 


them in the county clerk’s office. He is required to give 
bond in double the amount of the school fund of the 
county, and in such further sum as the commissioners’ 
court may deem necessary. The pay of the treasurer is 
one-half per cent, of amounts received, and the same of 
amounts disbursed, for the school fund, together with such 
allowance as may be made by the commissioners’ court 
for other receipts and disbursements, which must not ex¬ 
ceed two and one-half per cent, of these, nor can the whole 
salary exceed 12000. 

151. The County Attorney.—The county attorney is 
the State’s lawyer in criminal cases in the county and lower 
courts and must represent the State or county in all other 
cases in which it is interested belonging to these courts; 
and he must also jointly with, and under the direction of, 
the district attorney represent the State in the district 
court. He must be an attorney licensed to practise in this 
court. He is required to make complaint of any neglect 
of official duty coming within his knowledge, and to for¬ 
mulate and present the sworn complaints of others con¬ 
cerning any alleged breach of law to the courts having 
jurisdiction of the matter. It is his duty also to report to 
the attorney-general, when so directed by him, in regard 
to criminal matters and to the interests of the State. He 
must give bond in the sum of $2500 that he will faith¬ 
fully pay to the proper authorities all moneys for the 
State or county that may come into his hands. His com¬ 
pensation is mostly from fees for convictions secured by 
him, which range from five to fifty dollars per case. In 
many judicial districts there is no district attorney, and in 
these the duties of that official devolve on the attorneys 
of the respective counties. 

152. The County Superintendent of Public Instruc¬ 
tion.—This office may be created by the commissioners’ 
court, and it may be discontinued at the end of any super¬ 
intendent’s term by the same authority. The county super- 

H 


86 


THE CIVIL GOVERNMENT OF TEXAS. 


intendent must be the holder of a teacher’s certificate of 
the first grade. General supervision of school interests 
in the county is committed to him, and he must hold at - 
least three teachers’ institutes for the county each year. 
Vouchers drawn against the county school fund and con¬ 
tracts between teachers and trustees must be approved by 
him, and he appoints a county board of examiners. He 
must give bond for the faithful performance of his official 
duties in the sum of $5000. His salary varies from $800 
or less per year to $1200, according to the scholastic popu¬ 
lation of the county. In counties without a separate super¬ 
intendent the county judge is ex officio holder of that office. 

153. The County Surveyor.—The duties of the county 
surveyor are to record surveys made in the county with a 
view to obtaining patents; to keep open to public inspec¬ 
tion a map showing all the surveys that have been made 
in the county; and to report to the commissioners’ court 
inclosures of the public school land in the county. His 
official bond is in the sum of $10,000, and his pay is in 
fees, the amount of which is fixed by law. 

154. Notaries Public.—The governor appoints for each 
organized county a number of notaries public, who are 
empowered to administer oaths and take acknowledgment 
of instruments for record or for other purposes. Each 
gives bond in the sum of $1000 and is paid by fees as the 
law directs. 

155. The Precinct.—The divisions of the county are 
known as precincts. These are of two kinds, commis¬ 
sioners’ and justices’. As will be seen from the two fol¬ 
lowing sections, there is little or nothing of local self-gov¬ 
ernment in the organization of the precinct. 

156. The Commissioner’s Precinct.—There are four 
of these in every organized county, and each elects a com¬ 
missioner.^ Although this official more than any other 


See g 134. 




THE CITY, TOWN, OR VILLAGE. 


87 


represents local self-government in the county, his pre¬ 
cinct exists only for his election and has no government 
separate from that of the county as a whole. 

157. The Justice’s Precinct is created only to serve 
convenience in the exercise of the State’s judicial power. 
There must be not less than four nor more than eight 
justices’ precincts in every organized county, and the 
officials they elect are justices of the peace and con¬ 
stables. 

158. The Justice of the Peace.—Each precinct elects 
at least one justice of the peace, and in case it contains a 
city of 8000 inhabitants it elects two.^ 

159. The Constable.—The constable has relations to 
the justice of the peace like those of the sheriff to the dis¬ 
trict or county judge. His duties and powers are similar 
to the sheriff’s, though not so extensive. Especially is he 
charged with the arrest of criminals and the execution of 
all processes directed to him by proper legal authority. His 
bond is fixed by the commissioners’ court at some amount 
not less than $500 nor more than $1500. 

The City, Town, or Village. 

160. Functions and Classification.—Municipalities of 
this kind are in Texas the most active organs of local self- 
government. The three classes,^ which according to the 
somewhat uncertain terms of the statutes overlap in rather 
curious fashion, are first, “ towns and villages ” of 200 to 
10,000 inhabitants; second, “cities and towns” of more 
than 1000 incorporated under general law; third, cities 
of over 10,000, together with some of less population in¬ 
corporated prior to the adoption of the present constitu¬ 
tion, having special charters. 

161. “Towns and Villages.”—These are incorporated 
only under general law with comparatively slight powers 


» See I 135. 


2 See I 83. 



88 


THE CIVIL GOVERNMENT OF TEXAS. 


of local self-government, some for school purposes alone, 
others for general purposes. The municipal authority is 
exercised by a mayor and five aldermen, who, together ^ 
with a marshal, are elected from the “ town or village ” at 
large. The marshal has in the town the same powers and 
is entitled to the same fees as constables in their precincts, 
and it is his duty, acting under the direction of the mayor 
and council, to enforce such regulations as they, in the ex¬ 
ercise of the powers granted them by law, may make. The 
council or board of aldermen has power to determine w^hat 
other offices shall be created, and to appoint men to fill 
them. 

162. “Cities and Towns” Incorporated under Gen¬ 
eral Law.—Municipalities that incorporate in this class 
by accepting the provisions of the general law relative 
thereto have much greater powers ^ and a more complex 
system of government than those in the class “ towns and 
villages.” In order to facilitate the organization of the 
municipal government the city is divided into wards, 
which now serve the purpose mainly of election districts, 
and which are required to have as nearly as possible the 
same number of voters. 

163. The City Council.—The ‘‘ city or town ” is gov¬ 
erned by a council, consisting of a mayor, elected by the 
entire body of voters, and of two aldermen for each ward, 
also elected by a general vote. If the ‘‘ city or town ” is 
not divided into wards, the council consists of a mayor 
and five aldermen. The council legislates for the munici¬ 
pality, its acts consisting partly of ordinances having more 
or less permanent force, and partly of administrative meas¬ 
ures, such as orders for the building of a bridge or the 
cleaning of a street, which have only temporary applica¬ 
tion. It has power to create or discontinue any municipal 
office it may see fit, except those of mayor, alderman, mar- 


^ See U 83-87. 



THE CITY, TOWN, OR VILLAGE. 89 

shal/ and secretary, whose existence is required by the 
law. 

164. The City Executive and Judicial Ofidcers.—Be¬ 
sides the executive officers which the law makes necessary 
for all “ cities and towns,” there are others, executive and 
judicial, which are not often wanting in the more popu¬ 
lous. These are the recorder, the assessor and collector, 
the treasurer, and the city attorney. 

165. The Mayor is the chief executive officer of the 
city. His function is to superintend the working of 
the municipal government, cause the prosecution and 
punishment of neglect or violation of official duty on 
the part of subordinate officers, suggest needed legis¬ 
lation to the council, and preside at its meetings. He 
may veto the ordinances of the council, but it requires 
only a simple majority to pass them over his veto. He 
has power to close saloons or other public places when 
he considers it necessary in order to preserve the peace of 
the city; and, either to preserve the peace or to enforce 
the city laws, he may call into service the citizens. The 
mayor’s jurisdiction is purely criminal and extends only 
to cases of violation of city ordinances. 

166. The Marshal is chief of the police. His duty is 
to keep the peace of the city and to perform any other 
function which the council acting under the law may 
assign to him; and he is authorized, like the mayor, to 
close places of public resort when it becomes necessary 
to preserve order. He may be paid by a salary, by fees, 
or by both, as the council may determine. 

167. The Secretary is the keeper of the city records, 
including the minutes of the council. He is required 
to draw warrants on the treasurer for all money paid out, 
to keep the accounts of the city, and to discharge such 


^ In towns of less than 3000 inhabitants the oflSce of marshal may be 
abolished by the council. 



90 


THE CIVIL GOVERNMENT OF TEXAS. 


other duties as the council may assign to him. His com¬ 
pensation consists in an annual salary together with fees 
allowed by the council. 

168. The Recorder.—If the council sees fit, it may 
transfer the judicial powers of the mayor to a recorder, 
in whose court are tried all cases arising under the laws 
of the city. The recorder is paid either by a salary or by 
fees, or both, as the council may decide; but his fees must 
not include fines imposed by the court. 

169. Other Officials.—The officials usually belonging 
to the city government, other than those whose functions 
have been described, are the treasurer, the assessor and 
collector, and the attorney. Their general duties are suf¬ 
ficiently indicated by their titles, and their more special 
duties are defined by the city ordinances. 

170. Cities Incorporated under Special Charters.— 
Under the present law only cities having over 10,000 in¬ 
habitants can be granted special charters. The larger 
cities of the State, together with some towns whose char¬ 
ters were obtained previous to 1876, are thus incorporated. 
Cities having special charters enjoy, as a rule, more exten¬ 
sive privileges of self-government than those incorporated 
under the general law, but they also vary a good deal in 
this respect among themselves.^ 


^ In some cities with special charters the place of the recorder’s court 
is taken by a city court presided over by a city judge. 



CONSTITUTION 

OF THE 

STATE OF TEXAS. 

-»o^oo- 


PREAMBLE. 

Humbly invoking the blessings of Almighty Gocl,^h^peopl6 of 
the-State of Texas do ordain and establish this Constitution. 

ARTICLE I. 

BILL OF RIGHTS. 

That the general, great, and essential principles of liberty and 
free government may be recognized and established, we declare: 

Section 1. Texas is a free and independent state, subject only 
to the constitution of the United States; and the maintenance of 
our free institutions and the perpetuity of the Union depend upon 
the preservation of the right of local self-government unimpaired 
to all the states. 

Sec. 2. All political power is inherent in the people, and all 
free governments are founded on their authority, and instituted 
for their benefit. The faith of the people of Texas stands pledged 
to the preservation of a republican form of government, and, sub¬ 
ject to this limitation only, they have at all times the inalienable 
right to alter, reform or abolish their government in such manner 
as they may think expedient. 

Sec. 3. All free men when they form a social compact have 
equal rights, and no man or set of men, is entitled to exclusive 
separate public emoluments or privileges, but in consideration of 
public services. 

, Sec. 4. No religious test shall ever be required as a qualification 
to any office, or public trust, in this state; nor shall any one be 
excluded from holding office on account of his religious sentiments, 
provided he acknowledge the existence of a Supreme Being. 

91 




92 


CONSTITUTION OF TEXAS. 


Sec. 5. No person shall be disqualified to give evidence in any 
of the courts of this state on account of his religious opinions, or 
for want of any religious belief, but all oaths or affirmations shall 
be administered in the mode most binding upon the conscience, 
and shall be taken subject to the pains and penalties of perjury. 

Sec. 6 . All men have a natural and indefeasible right to wor¬ 
ship Almighty God according to the dictates of their own con¬ 
sciences. No man shall be compelled to attend, erect or support 
any place of worship, or to maintain any ministry against his con¬ 
sent. No human authority ought, in any case whatever, to control 
or interfere with the rights of conscience in matters of religion, 
and no preference shall ever be given by law to any religious 
society or mode of worship. But it shall be the duty of the legisla¬ 
ture to pass such laws as may be necessary to protect equally every 
religious denomination in the peaceable enjoyment of its own 
mode of public worship. 

Sec. 7. No money shall be appropriated or drawn from the 
treasury for the benefit of any sect or religious society, theological 
or religious seminary ; nor shall property belonging to the state be 
appropriated for any such purposes. 

Sec. 8. Every person shall be at liberty to speak, write or 
publish his opinions on any subject, being responsible for the abuse 
of that privilege; and no law shall ever be passed curtailing the 
liberty of speech or of the press. In prosecutions for the publi¬ 
cation of papers investigating the conduct of officers or men in 
public capacity, or when the matter published is proper for public 
information, the truth thereof may be given in evidence. And in 
all indictments for libels the jury shall have the right to determine 
the law and the facts, under the direction of the court, as in other 
cases. 

Sec. 9. The people shall be secure in their persons, houses, 
papers and possessions from all unreasonable seizures or searches, 
and no warrant to search any place, or to seize any person or thing, 
shall issue without describing them as near as may be, nor with¬ 
out probable cause, supported by oath or affirmation. 

Sec. 10. In all criminal prosecutions the accused shall have a 
speedy public trial by an impartial jury. He shall have the right 
to demand the nature and cause of the accusation against him, 
and to have a copy thereof. He shall not be compelled to give 
evidence against himself. He shall have the right of being heard 


CONSTITUTION OF TEXAS. 


93 


by himself or counsel or both; shall be confronted with the wit¬ 
nesses against him, and shall have compulsory process for obtain¬ 
ing witnesses in his favor. And no person shall be held to answer 
for a criminal olfense, unless on indictment of a grand jury, except 
in cases in which the punishment is by fine, or imprisonment 
otherwise than in the penitentiary, in cases of impeachment, and 
in cases arising in the army or navy, or in the militia, when in 
actual service in time of war or public danger. 

Sec. 11. All prisoners shall be bailable by sufficient sureties, 
unless for capital offenses when the proof is evident; but this pro¬ 
vision shall not be so construed as to prevent bail after indictment 
found, upon examination of the evidence in such manner as may 
be prescribed by law. 

Sec. 12. The writ of habeas corpus is a writ of right, and shall 
never be suspended. The legislature shall enact laws to render 
the remedy speedy and effectual. 

Sec. 13. Excessive bail shall not be required, nor excessive 
fines imposed, nor cruel or unusual punishment inflicted. All 
courts shall be open, and every person for an injury done him in 
his lands, goods, person or reputation shall have remedy by due 
course of law. 

Sec. 14. No person, for the same offense, shall be twice put in 
jeopardy of life or liberty ; nor shall a person be again put upon 
trial for the same offense after a verdict of not guilty in a court 
of competent jurisdiction. 

Sec. 15. The right of trial by jury shall remain inviolate. The 
legislature shall pass such laws as may be needed to regulate the 
same, and to maintain its purity and efficiency. 

Sec. 16. No bill of attainder, ex post facto law, retroactive 
law, or any law impairing the obligation of contracts, shall be 
made. 

Sec. 17. No person’s property shall be taken, damaged or 
destroyed for or applied to public use without adequate com¬ 
pensation being made, unless by the consent of such person ; and, 
when taken, except for the use of the state, such compensation 
shall be first made, or secured by a deposit of money; and no 
irrevocable or uncontrollable grant of special privileges or im¬ 
munities shall be made; but all privileges and franchises granted 
by the legislature, or created under its authority, shall be subject 
to the control thereof. 


94 


CONSTITUTION OF TEXAS. 


Sec. 18. No person shall ever be imprisoned for debt. 

Sec. 19. No citizen of this state shall be tleprived of life, lib¬ 
erty, property, privileges or immunities, or in any manner dis¬ 
franchised, except by the due course of the law of the land. 

Sec. 20. No citizen shall be outlawed; nor shall any person be 
transported out of the state for any offense committed within the 
same. 

Sec. 21. No conviction shall work corruption of blood, or 
forfeiture of estate; and the estates of those who destroy their own 
lives shall descend or vest as in case of natural death. 

Sec. 22. Treason against the state shall consist only in levying 
war against it, or adhering to its enemies, giving them aid and 
comfort; and no person shall be convicted of treason except on 
the testimony of two witnesses to the same overt act, or on con¬ 
fession in open court. 

Sec. 23. Every citizen shall have the right to keep and bear 
arms in the lawful defence of himself or the state; but the legis¬ 
lature shall have power by law to regulate the wearing of arms 
with a view to prevent crime. 

Sec. 24. The military shall at all times be subordinate to the 
civil authority. 

Sec. 25. No soldier shall in time of peace be quartered in the 
house of any citizen without the consent of the owner, nor in time 
of war but in a manner prescribed by law. 

Sec. 26. Perpetuities and monopolies are contrary to the gen¬ 
ius of a free government, and shall never be allowed; nor shall 
the law of primogeniture or entailments ever be in force in this 
state. 

Sec. 27. The citizens shall have the right, in a peaceable 
manner, to assemble together for their common good, and apply 
to those invested with the powers of government for redress of 
grievances or other purposes, by petition, address, or remon¬ 
strance. 

Sec. 28. No power of suspending laws in this state shall be 
exercised except by the legislature. 

Sec. 29. To guard against transgressions of the high powers 
herein delegated, we declare that everything in this “ Bill of 
Rights ” is excepted out of the general powers of government, 
and shall forever remain inviolate, and all laws contrary thereto, 
or to the following provisions, shall be void. 


CONSTITUTION OF TEXAS. 


95 


ARTICLE II. 

THE POWERS OF GOVERNMENT. 

Section 1. The powers of the government of the State of 
Texasshall be divided into three distinct departments, each of which 
shall be confided to a separate body of magistracy, to wit: Those 
which are legislative to one, those which are executive to another, 
and those which are judicial to another; and no person, or collec¬ 
tion of persons, being of one of these departments, shall exercise 
any power properly attached to either of the others, except in the 
instances herein expressly permitted. 

ARTICLE III. 

LEGISLATIVE DEPARTMENT. 

Section 1. The legislative power of this state shall be vested 
in a senate and house of representatives, which together shall be 
styled “ The Legislature of the State of Texas.” 

Sec. 2. The senate shall consist of thirty-one members, and 
shall never be increased above this number. The house of repre¬ 
sentatives shall consist of ninety-three members until the first 
apportionment after the adoption of this constitution, when, or at 
any apportionment thereafter, the number of representatives may 
be increased by the legislature, upon the ratio of not more than 
one representative for every fifteen thousand inhabitants; provided, 
the number of representatives shall never exceed one hundred and 
fifty. 

Sec. 3. The senators shall be chosen by the qualified electors 
for the term of four years; but a new senate shall be chosen 
after every apportionment, and the senators elected after each 
apportionment shall be divided by lot into two classes. The seats 
of the senators of the first class shall be vacated at the expiration 
of the first two years, and those of the second class at the expiration 
of four years, so that one-half Of the senators shall be chosen bien¬ 
nially thereafter. 

Sec. 4. The members of the house of representatives shall be 
chosen by the qualified electors, and their term of office shall be 
two years from the day of their election. 

Sec. 5. The legislature shall meet every two years, at such time 
as may be provided by law, and at other times when convened 
by the governor. 


96 


CONSTITUTION OF TEXAS. 


Sec. 6. No person shall be a senator unless he be a citizen of 
the United States, and at the time of his election a qualified elector 
of this state, and shall have been a resident of this state five years 
next preceding his election, and the last year thereof a resident 
of the district for which he shall be chosen, and shall have attained 
the age of twenty-six years. 

Sec. 7. No person shall be a representative unless he be a 
citizen of the United States, and at the time of his election a 
qualified elector of this state, and shall have been a resident of 
this state two years next preceding his election, the last year 
thereof a resident of the district for which he shall be chosen, 
and shall have attained the age of twenty-one years. 

Sec. 8. Each house shall be the judge of the qualifications 
and election of its own members; but contested elections shall 
be determined in such manner as shall be provided by law. 

Sec. 9. The senate shall, at the beginning and close of each 
session, and at such other times as may be necessary, elect one of 
its members president pro tempore, who shall perform the duties 
of the lieutenant-governor in any case of absence or disability of 
that officer, and whenever the said office of lieutenant-governor 
shall be vacant. The house of representatives shall, when it first 
assembles, organize temporarily, and thereupon proceed to the 
election of a speaker from its own members; and each house shall 
choose its other officers. 

Sec. 10. Two-thirds of each house shall constitute a quorum 
to do business, but a smaller number may adjourn from day to 
day, and compel the attendance of absent members, in such man¬ 
ner and under such penalties as each house may provide. 

Sec. 11. Each house may determine the rules of its owm pro¬ 
ceedings, punish members for disorderly conduct, and, with the 
consent of two-thirds, expel a member, but not a second time for 
the same offense. 

Sec. 12. Each house shall keep a journal of its proceedings, 
and publish the same; and the yeas and nays of the members of 
either house on any question shall, at the desire of any three mem¬ 
bers present, be entered on the journals. 

Sec. 13. When vacancies occur in either house, the governor, 
or the person exercising the power of the governor, shall issue 
writs of election to fill such vacancies ; and should the governor 
fail to issue a writ of election to fill any such vacancy within 


CONSTITUTION OF TEXAS. 


97 


twenty days after it occurs, the returning officer of the district 
in which such vacancy may have happened shall be authorized to 
order an election for that purpose. 

Sec. 14. Senators and representatives shall, except in cases of 
treason, felony or breach of the peace, be privileged from arrest 
during the session of the legislature, and in going to and returning 
from the same, allowing one day for every twenty miles such 
member may reside from the place at which the legislature is 
convened. 

Sec. 15. Each house may punish, by imprisonment, during its 
sessions, any person not a member, for disrespectful or disorderly 
conduct in its presence, or for obstructing any of its proceedings; 
provided, such imprisonment shall not, at any one time, exceed 
forty-eight hours. 

Sec. 16. The sessions of each house shall be open, except the 
senate when in executive session. 

Sec. 17. Neither house shall, without the consent of the other, 
adjourn for more than three days, nor to any other place than 
that where the legislature may be sitting. 

Sec. 18. No senator or representative shall, during the term 
for which he may be elected, be eligible to any civil office of profit 
under this state which shall have been created or the emolu¬ 
ments of which may have been increased during such term; no 
member of either house shall, during the term for which he is 
elected, be eligible to any office or place, the appointment to 
which may be made, in whole or in part, by either branch of the 
legislature; and no member of either house shall vote for any 
other member for any office whatever, which may be filled by a 
vote of the legislature, except in such cases as are in this constitu¬ 
tion provided. Nor shall any member of the legislature be 
interested, either directly or indirectly, in any contract with the 
state, or any county thereof, authorized by any law passed during 
the term for which he shall have been elected. 

Sec. 19. No judge of any court, secretary of state, attorney- 
general, clerk of any court of record, or any person holding a 
lucrative office under the United States, or this state, or any 
foreign government, shall, during the term for which he is 
elected or appointed, be eligible to the legislature. 

Sec. 20. No person who at any time may have been a collector 
of taxes, or who may have been otherwise entrusted with public 
7— Tex I 


98 


CONSTITUTION OF TEXAS. 


money, shall be eligible to the legislature, or to any office of profit 
or trust under the state government, until he shall have obtained 
a discharge for the amount of such collections, or for all public 
moneys with which he may have been entrusted. 

Sec. 21. No member shall be questioned in any other place 
for words spoken in debate in either house. 

Sec. 22. A member who has a personal or private interest in 
any measure or bill, proposed or pending before the legislature, 
shall disclose the fact to the house of which he is a member, and 
shall not vote thereon. 

Sec. 23. If any senator or representative remove his residence 
from the district or county for which he was elected, his office 
shall thereby become vacant, and the vacancy shall be filled as 
provided in section 13 of this article. 

Sec. 24. The members of the legislature shall receive from the 
public treasury such compensation for their services as may from 
time to time be provided by law, not exceeding five dollars per 
day for the first sixty days of each session; and after that not 
exceeding two dollars per day for the remainder of the session; 
except the first session held under this constitution, when they 
may receive not exceeding five dollars per day for the first ninety 
days, and after that not exceeding two dollars per day for the 
remainder of the session. In addition to the per diem, the mem¬ 
bers of each house shall be entitled to mileage in going to and 
returning from the seat of government, which mileage shall not 
exceed five dollars for every twenty-five miles, the distance to be 
computed by the nearest and most direct route of travel by land 
regardless of railways or water routes; and the comptroller of the 
state shall prepare and preserve a table of distances to each county 
seat now or hereafter to be established, and by such table the 
mileage of each member shall be paid; but no member shall be 
entitled to mileage for any extra session that may be called within 
one day after the adjournment of a regular or called session. 

Sec. 25. The state shall be divided into senatorial districts of 
contiguous territory according to the number of qualified electors, 
as nearly as may be, and each district shall be entitled to elect one 
senator, and no single county shall be entitled to more than one 
senator. 

Sec. 26. The members of the house of representatives shall be 
apportioned among the several counties, according to the number 


CONSTITUTION OF TEXAS. 


99 


of population in each, as nearly as may be, on a ratio obtained by 
dividing the population of the state, as ascertained by the most 
recent United States census, by the number of members of which 
the house is composed; provided, that whenever a single county 
has sufficient population to be entitled to a representative, such 
county shall be formed into a separate representative district, and 
when two or more counties are required to make up the ratio of 
representation, such counties shall be contiguous to each other; 
and when any one county has more than sufficient population to 
be entitled to one or more representatives, such representative or 
representatives shall be apportioned to such county, and for any 
surplus of population it may be joined in a representative district 
with any other contiguous county or counties. 

Sec. 27. Elections for senators and representatives shall be 
general throughout the state, and shall be regulated by law. 

Sec. 28. The legislature shall, at its first session after the pub¬ 
lication of each United States decennial census, apportion the 
state into senatorial and representative districts, agreeably to the 
provisions of sections 25 and 26 of this article; and until the 
next decennial census, when the first apportionment shall be 
made by the legislature, the state shall be and it is hereby divided 
into senatorial and representative districts as provided by an ordi¬ 
nance of the convention on that subject. 

PROCEEDINGS. 

Sec. 29. The enacting clause of all laws shall be, “ Be it enacted 
by the legislature of the State of Texas.” 

Sec. 30. No law shall be passed except by bill, and no bill 
shall be so amended in its passage through either house as to 
change its original purpose. 

Sec. 31. Bills may originate in either house, and when passed 
by such house may be amended, altered or rejected by the other. 

Sec. 32. No bill shall have the force of a law until it has been 
read on three several days in each house, and free discussion 
allowed thereon; but in cases of imperative public necessity 
(which necessity shall be stated in a preamble, or in the body of 
the bill), four-fifths of the house in which the bill may be pend¬ 
ing may suspend this rule, the yeas and nays being taken on the 
question of suspension, and entered upon the journals. 

Sec. 33. All bills for raising revenue shall originate in the 


100 


CONSTITUTION OF TEXAS. 


house of representatives, but the senate may amend or reject 
them as other bills. 

Sec. 34. After a bill has been considered and defeated by either 
house of the legislature, no bill containing the same substance 
shall be passed into a law during the same session. After a 
resolution has been acted on and defeated, no resolution contain¬ 
ing the same substance shall be considered at the same session. 

Sec. 35. No bill (except general appropriation bills, which 
may embrace the various subjects and accounts for and On account 
of which moneys are appropriated) shall contain more than one 
subject, which shall be expressed in its title. But if any subject 
shall be embraced in an act which shall not be expressed in the 
title, such act shall be void only as to so much thereof as shall 
not be so expressed. 

Sec. 36. No law shall be revived or amended by reference to 
its title ; but in such case the act revived or the section or sections 
amended shall be re-enacted and published at length. 

Sec. 37. No bill shall be considered, unless it has been first 
referred to a committee and reported thereon; and no bill shall 
be passed which has not been presented and referred to and 
reported from a committee at least three days before the final 
adjournment of the legislature. 

Sec. 38. The presiding officer of each house shall, in the 
presence of the house over which he presides, sign all bills and 
joint resolutions passed by the legislature, after their titles have 
been publicly read before signing; and the fact of signing shall 
be entered on the journals. 

Sec. 39. No law passed by the legislature, except the general 
appropriation act, shall take effect or go into force until ninety 
days after the adjournment of the session at which it was enacted, 
unless, in case of an emergency, which emergency must be 
expressed in a preamble or in the body of the act, the legislature 
shall, by a vote of two-thirds of all the members elected to each 
house, otherwise direct; said vote to be taken by yeas and nays, 
and entered upon the journals. 

Sec. 40. When the legislature shall be convened in special 
session, there shall be no legislation upon subjects other than 
those designated in the proclamation of the governor calling such 
session, or presented to them by the governor; and no such session 
shall be of longer duration than thirty days. 


CONSTITUTION OF TEXAS. 


101 


Sec. 41. In all elections by the senate and house of represen¬ 
tatives, jointly or separately, the vote shall be given viva voce, 
except in the election of their officers. 

REQUIREMENTS AND LIMITATIONS. 

Sec. 42. The legislature shall pass such laws as may be neces¬ 
sary to carry into effect the provisions of this constitution. 

Sec. 43. The first session of the legislature under this constitu¬ 
tion shall provide for revising, digesting and publishing the laws, 
civil and criminal; and a like revision, digest and publication 
may be made every ten years thereafter; provided, that in the 
adoption of and giving effect to any such digest or revision, the 
legislature shall not be limited by sections 35 and 36 of this article. 

Sec. 44. The legislature shall provide by law for the compen¬ 
sation of all officers, servants, agents and public contractors, not 
provided for in this constitution, but shall not grant extra com¬ 
pensation to any officer, agent, servant or public contractor, after 
such public service shall have been performed or contract entered 
into for the performance of the same; nor grant, by appropriation 
or otherwise, any amount of money out of the treasury of the 
state, to any individual, on a claim, real or pretended, when the 
same shall not have been provided for by pre-existing law; nor 
employ any one in the name of the state unless authorized by pre¬ 
existing law. 

Sec. 45. The power to change the venue in civil and criminal 
cases shall be vested in the courts, to be exercised in such manner 
as shall be provided by law; and the legislature shall pass laws 
for that purpose. 

Sec. 46. The legislature shall, at its first session after the adop¬ 
tion of this constitution, enact effective vagrant laws. 

Sec. 47. The legislature shall pass laws prohibiting the estab¬ 
lishment of lotteries and gift enterprises in this state, as well as the 
sale of tickets in lotteries, gift enterprises or other evasions involv¬ 
ing the lottery principle, established or existing in other states. 

Sec. 48. The legislature shall not have the right to levy taxes 
or impose burdens upon the people, except to raise revenue suffi¬ 
cient for the economical administration of the government, in 
which may be included the following purposes: 

The payment of all interest upon the bonded debt of the 
state; 


102 


CONSTITUTION OF TEXAS. 


The erection and repairs of public buildings ; 

The benefit of the sinking fund, which shall not be more than 
two per centum of the public debt; and for the payment of the 
present floating debt of the state, including matured bonds for the 
payment of which the sinking fund is inadequate; 

The support of public schools, in which shall be included 
colleges and universities established by the state ; and the main¬ 
tenance and support of the Agricultural and Mechanical College 
of Texas; 

The payment of the cost of assessing and collecting the revenue; 
and the payment of all officers, agents and employees of the 
state government, and all incidental expenses connected there¬ 
with ; 

The support of the blind asylum, the deaf and dumb asylum, 
and the insane asylum, the state cemetery and the public grounds 
of the state; 

The enforcement of quarantine regulations on the coast of Texas; 

The protection of the frontier. 

Sec. 49. No debt shall be created by or on behalf of the 
state, except to supply casual deficiencies of revenue, repel invasion, 
suppress insurrection, defend the state in war, or pay existing debt; 
and the debt created to suppy deficiencies in the revenue shall 
never exceed in the aggregate at any one time two hundred thou¬ 
sand dollars. 

Sec. 50. The legislature shall have no power to give or to lend, 
or to authorize the giving or lending, of the credit of the state in 
aid of, or to any person, association or corjjoration, whether mu¬ 
nicipal or other; or to pledge the credit of the state, in any man¬ 
ner whatsoever, for the payment of the liabilities, present or pros¬ 
pective, of any individual, association of individuals, municipal 
or other corporation whatsoever. 

Sec. 51. The legislature shall have no power to make any grant, 
or authorize the making of any grant of public money to any 
individual, association of individuals, municipal, or other cor¬ 
poration whatsoever: provided, however, the legislature may grant 
aid to the establishment and maintenance of a home for indigent 
and disabled Confederate soldiers or sailors who are or may be 
hona fide residents of the State of Texas, under such regulations 
and limitations as may be provided by law: provided, that such 
grant shall not exceed the sum of $100,000 for any one year; 


CONSTITUTION OF TEXAS. 


103 


and provided further, that the provisions of this section shall not 
be construed so as to prevent the grant of aid in case of public 
calamity, amended in 1895.^ 

Sec. 52. The legislature shall have no power to authorize any 
county, city, town, or other political corporation or subdivision of the 
state, to lend its credit or to grant public money or thing of value, 
in aid of or to any individual, association or corporation whatso¬ 
ever ; or to become a stockholder in such corporation, association 
or company. 

Sec. 53. The legislature shall have no power to grant, or to 
authorize any county or municipal authority to grant, any extra 
compensation, fee or allowance to a public officer, agent, servant or 
contractor, after service has been rendered, or a contract has been 
entered into, and performed in whole or in part; nor pay, nor 
authorize the payment of, any claim created against any county 
or municipality of the state, under any agreement or contract 
made without authority of law. 

Sec. 54. The legislature shall have no power to release or 
alienate any lien held by the state upon any railroad, or in any¬ 
wise change the tenor or meaning or pass any act explanatory 
thereof; but the same shall be enforced in accordance with the 
original terms upon which it was acquired. 

Sec. 55. The legislature shall have no power to release or 
extinguish, or to authorize the releasing or extinguishing, in 
whole or in part, the indebtedness, liability or obligation of any 
corporation or individual to this state, or to any county, or other 
municipal corporation therein. 

Sec. 56. The legislature shall not, except as otherwise provided 
in this constitution, pass any local or special law, authorizing— 

The creation, extension or impairing of liens ; 

Regulating the affairs of counties, cities, towns, wards or school 
districts ; 

Changing the names of persons or places; 

Changing the venue in civil or criminal cases ; 

Authorizing the laying out, opening, altering or maintaining of 
roads, highways, streets, or alleys ; 

Relating to ferries or bridges, or incorporating ferry or bridge 
companies, except for the erection of bridges crossing streams 
which form boundaries between this and any other state; 

Vacating roads, town plats, streets or alleys; 


104 


CONSTITUTION OF TEXAS. 


Relating to cemeteries, graveyards, or public grounds not of the 
state; 

Authorizing the adoption or legitimation of children ; 

Locating or changing county seats; 

Incorporating cities, towns or villages, or changing their 
charters ; 

For the opening and conducting of elections, or fixing or 
changing the places of voting; 

Granting divorces; 

Creating offices, or prescribing the powers and duties of officers, 
in counties, cities, towns, election or school districts; 

Changing the law of descent or succession ; 

Regulating the practice or jurisdiction of, or changing the rules 
of evidence in any judicial proceeding or inquiry before courts, 
justices of the peace, sheriffs, commissioners, arbitrators or other 
tribunals, or providing or changing methods for the collection of 
debts, or the enforcing of judgments, or prescribing the effect of 
judicial sales of real estate; 

Regulating the fees, or extending the powers and duties of 
aldermen, justices of the peace, magistrates or constables; 

Regulating the management of public schools, the building or 
repairing of school houses, and the raising of money for such 
purposes; 

Fixing the rate of interest; 

Affecting the estates of minors, or persons under disability; 

Remitting fines, penalties and forfeitures, and refunding moneys 
legally paid into the treasury; 

Exempting property from taxation ; 

Regulating labor, trade, mining and manufacturing; 

Declaring any named person of age; 

Extending the time for the assessment or collection of taxes, 
or otherwise relieving any assessor or collector of taxes from 
the due performance of his official duties, or his securities from 
liability; 

Giving effect to informal or invalid wills or deeds; 

Summoning or impanelling grand or petit juries; 

For limitation of civil or criminal actions; 

For incorporating railroads or other works of internal improve¬ 
ments ; 

And in all other cases where a general law can be made applica- 



CONSTITUTION OF TEXAS. 


105 


ble, no local or special law shall be enacted; provided, that nothing 
herein contained shall be construed to prohibit the legislature 
from passing special laws for the preservation of the game and fish 
of this state in certain localities. 

Sec. 57. No local or special law shall be passed unless notice 
of the intention to apply therefor shall have been published in 
the locality where the matter or thing to be affected may be 
situated, which notice shall state the substance of the contem¬ 
plated law, and shall be published at least thirty days prior to 
the introduction into the legislature of such bill and in the 
manner to be provided by law. The evidence of such notice 
having been published shall be exhibited in the legislature before 
such act shall be passed. 

Sec. 58. The legislature shall hold its sessions at the city of 
Austin, which is hereby declared to be the seat of government. 

ARTICLE IV. 

EXECUTIVE DEPARTMENT. 

Section 1. The executive department of the state shall con¬ 
sist of a governor, who shall be the chief executive officer of the 
state, a lieutenant-governor, secretary of state, comptroller of 
public accounts, treasurer, commissioner of the general land 
office, and attorney-general. 

Sec. 2. All the above officers of the executive department 
(except secretary of state) shall be elected by the qualified voters 
of the state at the time and places of election for members of the 
legislature. 

Sec. 3. The returns of every election for said executive officers, 
until otherwise provided by law, shall be made out, sealed up, 
and transmitted, by the returning officers prescribed by law, to 
the seat of government, directed to the secretary of state, who 
shall deliver the same to the speaker of the house of representa¬ 
tives, as soon as the speaker shall be chosen; and the said speaker 
shall, during the first week of the session of the legislature, open 
and publish them in the presence of both houses of the legislature. 
The person voted for at said election having the highest number 
of votes for each of said offices respectively, and being constitu¬ 
tionally eligible, shall be declared by the speaker, under sanction 
of the legislature, to be elected to said office. But if two or more 


106 


CONSTITUTION OF TEXAS. 


persons shall have the highest and an equal number of votes for 
either of said offices, one of them shall be immediately chosen to 
such office by joint vote of both houses of the legislature. Con¬ 
tested elections for either of said offices shall be determined by 
both houses of the legislature in joint session. 

Sec. 4. The governor shall be installed on the first Tuesday 
after the organization of the legislature, or as soon thereafter as 
practicable, and shall hold his office for the term of two years, or 
until his successor shall be duly installed. He shall be at least 
thirty years of age, a citizen of the United States, and shall have 
resided in this state at least five years immediately preceding his 
election. 

Sec. 5. He shall, at stated times, receive as compensation for 
his services an annual salary of four thousand dollars, and no 
more, and shall have the use and occupation of the governor’s 
mansion, fixtures and furniture. 

Sec. 6. During the time he holds the office of governor he 
shall not hold any other office, civil, military or corporate; nor 
shall he practice any profession, and receive compensation, re¬ 
ward, fee, or the promise thereof, for the same; nor receive any 
salary, reward or compensation, or the promise thereof, from any 
person or corporation, for any service rendered or performed dur¬ 
ing the time he is governor, or to be thereafter rendered or per¬ 
formed. 

Sec. 7. He shall be commander-in-chief of the military forces 
of the state, except when they are called into actual service of the 
United States. He shall have power to call forth the militia to 
execute the laws of the state, to suppress insurrection, repel inva¬ 
sion, and protect the frontier from hostile incursions by Indians 
or other predatory bands. 

Sec. 8. The governor may, on extraordinary occasions, con¬ 
vene the legislature at the seat of government, or at a different 
place in case that should be in possession of the public enemy, or 
in case of the prevalence of disease thereat. His proclamation 
therefor shall state specifically the purpose for which the legis¬ 
lature is convened. 

Sec. 9. The governor shall, at the commencement of each ses¬ 
sion of the legislature, and at the close of his term of office, give 
to the legislature information, by message, of the condition of the 
state; and he shall recommend to the legislature such measures 


CONSTITUTION OF TEXAS. 


107 


as he may deem expedient. He shall account to the legislature 
for all public moneys received and paid out by him from any 
funds subject to his order, with vouchers; and shall accompany 
his message with a statement of the same. And at the com¬ 
mencement of each regular session he shall present estimates of 
the amount of money required to be raised by taxation for all 
purposes. 

Sec. 10. He shall cause the laws to be faithfully executed; 
and shall conduct, in person, or in such manner as shall be pre¬ 
scribed by law, all intercourse and business of the state with 
other states and with the United States. 

Sec. 11. In all criminal cases, except treason and impeach¬ 
ment, he shall have power, after conviction, to grant reprieves, 
commutations of punishment, and pardons; and under such 
rules as the legislature may prescribe, he shall have power to 
remit fines and forfeitures. With the advice and consent of the 
senate, he may grant pardons in cases of treason, and to this end 
he may respite a sentence therefor, until the close of the succeed¬ 
ing session of the legislature; provided, that in all cases of remis¬ 
sions of fines and forfeitures, or grants of reprieve, commutation 
of punishment or pardon, he shall file in the office of the secretary 
of state his reasons therefor. 

Sec. 12. All vacancies in state or district offices, except mem¬ 
bers of the legislature, shall be filled, unless otherwise provided 
by law, by appointment of the governor, which appointment, if 
made during its session, shall be with the advice and consent of 
two-thirds of the senate present. If made during the recess of 
the senate, the said appointee, or some other person to fill such 
vacancy, shall be nominated to the senate during the first ten 
days of its session. If rejected, said office shall immediately be¬ 
come vacant, and the governor shall, without delay, make further 
nominations, until a confirmation takes place. But should there 
be no confirmation during the session of the senate, the governor 
shall not thereafter appoint any person to fill such vacancy who 
has been rejected by the senate; but may appoint some other 
person to fill the vacancy until the next session of the senate, 
or until the regular election to said office, should it sooner occur. 
Appointments to vacancies in offices elective by the people shall 
only continue until the first general election thereafter. 

Beg. 13. During the session of the legislature the governor 


108 


CONSTITUTION OF TEXAS. 


shall reside where its sessions are held, and at all other times at 
the seat of government, except when by act of the legislature he 
may be required or authorized to reside elsewhere- 
Sec. 14. Every bill which shall have passed both houses of the 
legislature shall be presented to the governor for his approval. 
If he approve, he shall sign it; but if he disapprove it, he shall 
return it, with his objections, to the house in which it originated, 
which house shall enter the objections at large upon its journal, 
and proceed to reconsider it. If, after such reconsideration, two- 
thirds of the members present agree to pass the bill, it shall be 
sent, with the objections, to the other house, by which likewise it' 
shall be reconsidered; and if approved by two-thirds of the 
members of that house, it shall become a law; but in such cases 
the votes of both houses shall be determined by yeas and nays, 
and the names of the members voting for and against the bill 
shall be entered on the journal of each house respectively. If 
any bill shall not be returned by the governor with his objections 
within ten days (Sundays excepted) after it shall have been pre¬ 
sented to him, the same shall be a law in like manner as if he 
had signed it, unless the legislature, by its adjournment, prevent 
its return; in which case it shall be a law unless he shall file the 
same, with his objections, in the office of the secretary of state, and 
give notice thereof by public proclamation within twenty days after 
such adjournment. If any bill presented to the governor contains 
several items of appropriation, he may object to one or more of 
such items, and approve the other portion of the bill. In such 
case he shall append to the bill, at the time of signing it, a state¬ 
ment of the items to which he objects, and no item so objected to 
shall take effect. If the legislature be in session, he shall trans¬ 
mit to the house in which the bill originated a copy of such state¬ 
ment, and the items objected to shall be separately considered. 
If, on reconsideration, one or more of such items be approved by 
two-thirds of the members present of each house, the same shall 
be part of the law notwithstanding the objections of the governor. 
If any such bill, containing several items of appropriation, not 
having been presented to the governor ten days (Sundays ex¬ 
cepted) prior to adjournment, be in the hands of the governor at 
the time of adjournment, he shall have twenty days from such 
adjournment within which to file objections to any items thereof, 


CONSTITUTION OF TEXAS. 


109 


and make proclamation of the same, and such item or items shall 
not take effect. 

Sec. 15. Every order, resolution or vote to which the concur¬ 
rence of both houses of the legislature may be necessary, except 
on questions of adjournment, shall be presented to the governor, 
and, before it shall take effect, shall be approved by him; or, 
being disapproved, shall be repassed by both houses; and all the 
rules, provisions and limitations shall apply thereto as prescribed 
in the last preceding section in the case of a bill. 

Sec. 16. There shall also be a lieutenant-governor, who shall 
be chosen at every election for governor, by the same electors, in 
the same manner, continue in office for the same time, and possess 
the same qualifications. The electors shall distinguish for whom 
they vote as governor and for whom as lieutenant-governor. The 
lieutenant-governor shall, by virtue of his office, be president of 
the senate, and shall have, when in committee of the whole, a 
right to debate and vote on all questions; and when the senate is 
equally divided to give the casting vote. In case of the death, 
resignation, removal from office, inability or refusal of the gov¬ 
ernor to serve, or of his impeachment or absence from the state, 
the lieutenant-governor shall exercise the powers and authority 
appertaining to the office of governor until another be chosen at 
the periodical election, and be duly qualified; or until the gov¬ 
ernor impeached, absent or disabled, shall be acquitted, return, 
or his disability be removed. 

Sec. 17. If, during the vacancy in the office of governor, the 
lieutenant-governor should die, resign, refuse to serve, or be 
removed from office, or be unable to serve, or if he shall be 
impeached or absent from the state, the president of the senate, 
for the time being, shall, in like manner, administer the govern¬ 
ment until he shall be superseded by a governor or lieutenant- 
governor. The lieutenant-governor shall, while he acts as presi¬ 
dent of the senate, receive for his services the same compensation 
and mileage which shall be allowed to the members of the senate, 
and no more; and during the time he administers the government 
as governor, he shall receive in like manner the same compensa¬ 
tion which the governor would have received had he been em¬ 
ployed in the duties of his office, and no more. The president, 
for the time being, of the senate, shall, during the time he 
administers the government, receive in like manner the same 


no 


CONSTITUTION OF TEXAS. 


compensation which the governor would have received had he 
been employed in the duties of his office. 

Sec. 18. The lieutenant-governor or president of the senate 
succeeding to the office of governor shall, during the entire term 
to which he may succeed, be under all the restrictions and inhibi¬ 
tions imposed in this constitution on the governor. 

Sec. 19. There shall be a seal of the state, which shall be kept 
by the secretary of state, and used by him officially under the 
direction of the governor. The seal of the state shall be a star of 
five points, encircled by olive and live oak branches, and the words 
“ The State of Texas.” 

Sec. 20. All commissions shall be in the name and by the 
authority of the State of Texas, sealed with the state seal, signed 
by the governor, and attested by the secretary of state. 

Sec. 21. There shall be a secretary of state, who shall be ap¬ 
pointed by the governor, by and with the advice and consent of 
the senate, and who shall continue in office during the term of 
service of the governor. He shall authenticate the publication 
of the laws, and keep a fair register of all official acts and pro¬ 
ceedings of the governor, and shall, when required, lay the same, 
and all papers, minutes and vouchers relative thereto, before the 
legislature or either house thereof, and shall perform such other 
duties as may be required of him by law. He shall receive 
for his services an annual salary of two thousand dollars, and no 
more. 

Sec. 22. The attorney-general shall hold his office for two 
years and until his successor is duly qualified. He shall represent 
the state in all suits and pleas in the supreme court of the state 
in which the state may be a party, and shall especially inquire 
into the charter rights of all private corporations, and, from time 
to time, in the name of the state, take such action in the courts 
as may be proper and necessary to prevent any private corpor¬ 
ation from exercising any power, or demanding or collecting any 
species of taxes, toll, freight or wharfage not authorized by law. 
He shall, whenever sufiicient cause exists, seek a judicial forfeiture 
of such charters, unless otherwise expressly directed by law, and 
give legal advice in writing to the governor and other executive 
officers, when requested by them, and perform such other duties as 
may be required by law. He shall reside at the seat of government 
during his continuance in office. He shall receive for his services 


CONSTITUTION OF TEXAS. 


Ill 


an annual salary of two thousand dollars, and no more, besides such 
fees as may be prescribed by law ; provided, that the fees which he 
may receive shall not amount to more than two thousand dollars 
annually. 

Sec. 23. The comptroller of public accounts, the treasurer, and 
the commissioner of the general land office, shall each hold office 
for the term of two years, and until his successor is qualified; 
receive an annual salary of two thousand and five hundred dollars, 
and no more; reside at the capital of the state during his continu¬ 
ance in office; and perform such duties as are or may be required of 
him by law. They and the secretary of state shall not receive to 
their own use any fees, costs or perquisites of office. All fees that 
may be payable by law for any service performed by any officer 
specified in this section, or in his office, shall be paid when re¬ 
ceived, into the state treasury. 

Sec. 24. An account shall be kept by the officers of the 
executive department, and by all officers and managers of state 
institutions, of all moneys and choses in action received and dis¬ 
bursed or otherwise disposed of by them, severally, from all sources, 
and for every service performed; and a semi-annual report thereof 
shall be made to the governor under oath. The governor may at 
any time require information in writing from any and all of said 
officers or managers, upon any subject relating to the duties, con- 
• dition, management and expenses of their respective offices and 
institutions, which information shall be required by the governor 
under oath, and the governor may also inspect their books, ac¬ 
counts, vouchers and public funds; and any officer or manager 
who at any time shall wilfully make a false report or give false 
information, shall be guilty of perjury, and so adjudged and pun¬ 
ished accordingly, and removed from office. 

Sec. 25. The legislature shall pass efficient laws facilitating the 
investigation of breaches of trust and duty by all custodians of 
public funds, and providing for their suspension from office on 
reasonable cause shown, and for the appointment of temporary 
incumbents of their offices during such suspension. 

Sec. 26. The governor, by and with the advice and consent of 
two-thirds of the senate, shall appoint a convenient number of 
notaries public for each county, who shall perform such duties as 
now are or may be prescribed by law. 


112 


CONSTITUTION OF TEXAS. 


AETICLE V. 

JUDICIAL DEPARTMENT. 

Section 1. The judicial power of this state shall be vested in 
one supreme court, in courts of civil appeals, in a court of crim¬ 
inal appeals, in district courts, in county courts, in commissioners’ 
courts, in courts of justices of the peace, and in such other courts 
as may be provided by law. The criminal district court of 
Galveston and Harris counties shall continue with the district, 
jurisdiction, and organization now existing by law until otherwise 
provided by law. The legislature may establish such other courts 
as it may deem necessary, and prescribe the jurisdiction and 
organization thereof, and may conform the jurisdiction of the 
district and other inferior courts thereto. [As amended in 1891.~\ 

Sec. 2. The supreme court shall consist of a chief justice and 
two associate justices, any two of whom shall constitute a quorum, 
and the concurrence of two judges shall be necessary to the 
decision of a case. No person shall be eligible to the office of 
chief justice or associate justice of the supreme court unless he 
be, at the time of his election, a citizen of the United States and 
of this state, and unless he shall have attained the age of thirty 
years, and shall have been a practicing lawyer or a judge of a 
court, or such lawyer and judge together, at least seven years. Said 
chief justice and associate justices shall be elected by the qualified 
voters of the state at a general election, shall hold their offices six 
years or until their successors are elected and qualified, and shall 
each receive an annual salary of four thousand dollars until other¬ 
wise provided by law. In case of a vacancy in the office of chief 
justice of the supreme court the governor shall fill the vacancy 
until the next general election for state officers, and at such 
general election the vacancy for the unexpired term shall be filled 
by election by the qualified voters of the state. The judges of 
the supreme court who may be in office at the time this amend¬ 
ment takes effect shall continue in office until the expiration 
of their term of office under the present constitution, and until 
their successors are elected and qualified. [As amended in 1891.^ 

Sec. 3. The supreme court shall have appellate jurisdiction 
only, except as herein specified, which shall be co-extensive with 
the limits of the state. Its appellate jurisdiction shall extend to 
questions of law arising in cases of which the courts of civil appeals 


CONSTITUTION OF TEXAS. 


113 


have appellate jurisdiction, under such restrictions and regulations 
as the legislature may prescribe. Until otherwise provided by law 
the appellate jurisdiction of the supreme court shall extend to 
questions of law arising in the cases in the courts of civil appeals 
in which the judges of any court of civil appeals may disagree, or 
where the several courts of civil appeals may hold differently on 
the same question of law, or where a statute of the state is held 
void. The supreme court and the justices thereof shall have 
power to issue writs of habeas corpus as may be prescribed by law, 
and under such regulations as may be prescribed by law the said 
courts and the justices thereof may issue the writs of mandamus, 
procedendo, certiorari, and such other writs as may be necessary to 
enforce its jurisdiction. The legislature may confer original juris¬ 
diction on the supreme court to issue writs of quo ivarranto and 
mandamus in such cases as may be specified, except as against the 
governor of the state. The supreme court shall also have power, 
upon affidavit or otherwise as by the court may be determined, to 
ascertain such matters of fact as may be necessary to the proper 
exercise of its jurisdiction. The supreme court shall sit for the 
transaction of business from the first Monday in October of each 
year until the last Saturday of June in the next year, inclusive, 
at the capital of the state. The supreme court shall appoint a 
clerk, who shall give bond in such manner as is now or may here¬ 
after be required by law, and he may hold his office for four years, 
and shall be subject to removal by said court for good cause, en¬ 
tered of record on the minutes of said court, who shall receive 
such compensation as the legislature may provide. [^<s amended 
in 1891.] 

Sec. 4. The court of criminal appeals shall consist of three 
judges, any two of whom shall constitute a quorum, and the con¬ 
currence of two judges shall be necessary to a decision of said 
court; said judges shall have the same qualifications and receive 
the same salaries as the judges of the supreme court. They shall 
be elected by the qualified voters of the state at a general election, 
and shall hold their offices for a term of six years. In case of a 
vacancy in the office of a judge of the court of criminal appeals 
the governor shall fill such vacancy by appointment for the unex¬ 
pired term. The judges of the court of appeals who may be in 
office at the time when this amendment takes effect shall continue 
in office until the expiration of their term of office under the 
8—Tex 


114 


CONSTITUTION OF TEXAS. 


present constitution and laws as judges of the court of criminal 
ap])eals. amended in 1891.\ 

Sec. 5. The court of criminal appeals shall have appellate 
jurisdiction co-extensive with the limits of the state in all 
criminal cases of whatever grade, with such exceptions and under 
such regulations as may by prescribed by law. The court of 
criminal appeals and the judges thereof shall have the power to 
issue the writ of habeas corpus, and, under such regulations as may 
be prescribed by law, issue such writs as may be necessary to 
enforce its own jurisdiction. The court of criminal appeals shall 
have power, upon affidavit or otherwise, to ascertain such matters 
of fact as may be necessary to the exercise of its jurisdiction. 
The court of criminal appeals shall sit for the transaction of busi¬ 
ness from the first Monday in October to the last Saturday of 
June in each year, at the state capital and two other places (or 
the capital city) if the legislature shall hereafter so provide. 
The court of criminal appeals shall appoint a clerk for each place 
at which it may sit, and each clerk shall give bond in such manner 
as is now or may hereafter be required by law, and who shall hold 
his office for four years unless sooner removed by the court for 
good cause, entered of record on the minutes of said court. \As 
amended in 1891.^ 

Sec. 6. The legislature shall, as soon as practicable after the 
adoption of this amendment, divide the state into not less than 
two nor more than three supreme judicial districts, and thereafter 
into such additional districts as the increase of population and 
business may require, and shall establish a court of civil appeals 
in each of said districts, which shall consist of a chief justice and 
two associate justices, who shall have the qualifications as herein 
prescribed for justices of the supreme court. Said court of civil 
appeals shall have appellate jurisdiction co-extensive with the 
limits of their respective districts, which shall extend to all civil 
cases of which the district courts or county courts have original or 
appellate jurisdiction, under such restrictions and regulations as 
may be prescribed by law; provided, that the decision of said 
courts shall be conclusive on all questions of fact brought before 
them on appeal or error. Each of said courts of civil appeals 
shall hold its sessions at a place in its district to be designated by 
the legislature, and at such time as may be prescribed by law. 
Said justices shall be elected by the qualified voters of their respec- 


CONSTITUTION OF TEXAS. 


115 


tive districts, at a general election, for a term of six years, and 
shall receive for their services the sum of three thousand five hun¬ 
dred dollars per annum until otherwise provided by law. Said 
courts shall have such other jurisdiction, original and appellate, 
as may be prescribed by law. Each court of civil appeals shall 
appoint a clerk, in the same manner as the clerk of the supreme 
court, which clerk shall receive such compensation as may be 
fixed by law. Until the organization of the courts of civil 
appeals and criminal appeals, as herein provided for, the jurisdic¬ 
tion, power, and organization and location of the supreme court, 
the court of appeals, and the commission of appeals shall continue 
as they were before the adoption of this amendment. All civil 
cases which may be pending in the court of appeals shall, as soon 
as practicable after the organization of the courts of civil appeals, 
be certified to and the records thereof transmitted to the proper 
courts of civil appeals, to be decided by said courts. At the first 
session of the supreme court, the court of criminal appeals, and 
such of the courts of civil appeals which may be hereafter created 
under this article after the first election of the judges of such 
courts under this amendment, the terms of office of the judges 
of each court shall be divided into three classes, and the justices 
thereof shall draw for the different classes. Those who shall 
draw class No. 1 shall hold their offices two years, those draw¬ 
ing class No. 2 shall hold their offices for four years, and those 
who may draw class No. 3 shall hold their offices for six years 
from the date of their election and until their successors are 
elected and qualified; and thereafter each of the said judges shall 
hold his office for six years, as provided in this constitution. [As 
amended in 1891.^^ 

Sec. 7. The state shall be divided into as many judicial dis¬ 
tricts as may now or hereafter be provided by law, which may be 
increased or diminished by law. For each district there shall be 
elected by the qualified voters thereof, at a general election, a 
judge, who shall be a citizen of the United States and of this 
state, who shall have been a practicing lawyer of this state or a 
judge of a court in this state for four years next preceding his 
election; who shall have resided in the district in which he was 
elected for two years next preceding his election; who shall reside 
in his district during his term of office; who shall hold his office 
for the period of four years, and shall receive for his services an 


]16 


CONSTITUTION OF TEXAS. 


annual salary of two thousand five hundred dollars, until other¬ 
wise changed by law. He shall hold the regular terms of his 
court at the county seat of each county in his district at least 
twice in each year, in such manner as may be prescribed by law. 
The legislature shall have power by general or special laws to 
authorize the holding of special terms of the court, or the hold¬ 
ing of more than two terms in any county for the dispatch of 
business. The legislature shall also provide for the holding of 
district court when the judge thereof is absent, or is from any 
cause disabled or disqualified from presiding. The district judges 
who may be in office when this amendment takes effect shall 
hold their offices until their respective terms shall expire under 
their present election or appointment. [Hs amended in 1891.^ 
Sec. 8. The district court shall have original jurisdiction in 
all criminal cases of the grade of felony; in all suits in behalf 
of the state to recover penalties, forfeitures, and escheats; of all 
cases of divorce; of all misdemeanors involving official miscon¬ 
duct ; of all suits to recover damages for slander or defamation of 
character; of all suits for trial of title to land and for the enforce¬ 
ment of liens thereon; of all suits for the trial of the right of 
property levied upon by virtue of any writ of execution, seques¬ 
tration, or attachment when the property levied on shall be equal 
to or exceed in value five hundred dollars; of all suits, com¬ 
plaints, or pleas whatever, without regard to any distinction 
between law and equity, when the matter in controversy shall be 
valued at or amount to five hundred dollars exclusive of interest; 
of contested elections ; and said court and the judges thereof shall 
have power to issue writs of habeas corpus, mandamus, injunction, 
and certiorari, and all writs necessary to enforce their jurisdiction. 
The district court shall have appellate jurisdiction and general 
control in probate matters over the county court established in 
each county, for appointing guardians, granting letters testa¬ 
mentary and of administration, probating wills, for settling the 
accounts of executors, administrators, and guardians, and for the 
transaction of all business appertaining to estates; and original 
jurisdiction and general control over executors, administrators, 
guardians, and minors, under such regulations as may be pre¬ 
scribed by law. The district court shall have appellate jurisdic¬ 
tion and general supervisory control over the county commis¬ 
sioners’ court, with such exceptions and under such regulations 


CONSTITUTION OF TEXAS. 


117 


as may be prescribed by law; and shall have general original 
jurisdiction over all causes of action whatever for which a remedy 
or jurisdiction is not provided by law or this constitution, and 
such other jurisdiction, original and appellate, as may be pro¬ 
vided by law. [vis amended in 1891.^ 

Sec. 9. There shall be a clerk for the district court of each 
county, who shall be elected by the qualified voters for the state 
and county officers, and who shall hold his office for two years, 
subject to removal by information, or by indictment of a grand 
jury, and conviction by a petit jury. In case of vacancy the 
judge of the district court shall have the power to appoint a 
clerk, who shall hold until the office can be filled by election. 

Sec. 10. In the trial of all causes in the district courts, the 
plaintiff or defendant shall, upon application made in open court, 
have the right of trial by jury; but no jury shall be impanelled 
in any civil case unless demanded by a party to the case, and a 
jury fee be paid by the party demanding a jury, for such sum and 
with such exceptions as may be prescribed by the legislature. 

Sec. 11. No judge shall sit in any case wherein he may be 
interested, or when either of the parties may be connected with 
him either by affinity or consanguinity within such a degree as 
may be prescribed by law, or when he shall have been counsel in 
the case. When the supreme court, the court of criminal appeals, 
the court of civil appeals, or any member of either, shall be thus 
disqualified to hear and determine any case or cases in said court, 
the same shall be certified to the governor of the state, who shall 
immediately commission the requisite number of persons learned 
in the law, for the trial and determination of such cause or causes. 
When a judge of the district court is disqualified by any of the 
causes above stated, the parties may, by consent appoint a proper 
person to try said case; or, upon their failing to do so, a com¬ 
petent person may be appointed to try the same in the county 
where it is pending, in such manner as may be prescribed by law. 
And the district judges may exchange districts, or hold courts for 
each other when they may deem it expedient, and shall do so 
when required by law. This disqualification of judges of inferior 
tribunals shall be remedied, and vacancies in their offices filled, as 
may be prescribed by law. [As amended in 1891.] 

Sec. 12. All judges of courts of this state [shall], by virtue 
of their office, be conservators of the peace throughout the state. 


118 


CONSTITUTION OF TEXAS. 


The style of all writs and process shall be, “ The State of Texas.” 
All prosecutions shall be carried on in the name and by authority 
of the State of Texas, and shall conclude “ against the peace and 
dignity of the state.” \As amended in 1891.'\ 

Sec. 13. Grand and petit juries in the district courts shall be 
composed of twelve men ; but nine members of a grand jury shall 
be a quorum to transact business and present bills. In trials of 
civil cases, and in trials of criminal cases below the grade of 
felony in the district courts, nine members of the jury, concur¬ 
ring, may render a verdict, but when the verdict shall be rendered 
by less than the whole number, it shall be signed by every mem¬ 
ber of the jury concurring in it. When, pending the trial of any 
case, one or more jurors, not exceeding three, may die, or be dis¬ 
abled from sitting, the remainder of the jury shall have the power 
to render the verdict; provided, that the legislature may change or 
modify the rule authorizing less than the whole number of the 
jury to render a verdict. 

Sec. 14. The judicial districts in this state and the time of 
holding the courts therein are fixed by ordinances forming part 
of this constitution, until otherwise provided by law. 

Sec. 15. There shall be established in each county in this state 
a county court, which shall be a court of record ; and there shall 
be elected in each county by the qualified voters, a county judge, 
who shall be well informed in the law of the state, shall be a con¬ 
servator of the peace, and shall hold his office for two years, and 
until his successor shall be elected and qualified. He shall receive 
as a compensation for his services such fees and perquisites as may 
be prescribed by law. 

Sec. 16. The county court shall have original jurisdiction of 
all misdemeanors of which exclusive original jurisdiction is not 
given to the justice’s court as the same is now or may hereafter be 
prescribed by law, and when the fine to be imposed shall exceed 
$200; and they shall have exclusive jurisdiction in all civil cases 
when the matter in controversy shall exceed in value $200 and not 
exceed $500, exclusive of interest; and concurrent jurisdiction with 
the district court when the matter in controversy shall exceed 
$500 and not exceed $1000, exclusive of interest, but shall not 
have jurisdiction of suits for the recovery of land. They shall 
have appellate jurisdiction in cases civil and criminal of which 
justices’ courts have original jurisdiction, but of such civil cases 


CONSTITUTION OF TEXAS. 


119 


only when the judgment of the court appealed from shall exceed 
$20, exclusive of cost, under such regulations as may be prescribed 
by law. In all appeals from justice’s court there shall be a trial 
de novo in the county court, and appeals may be prosecuted from 
the final judgment rendered in such cases by the county court, as 
well as all cases civil and criminal of which the county court has 
exclusive or concurrent or original jurisdiction of civil appeals in 
civil cases to the court of civil appeals and in such criminal cases 
to the court of criminal appeals, with such exceptions and under 
such regulations as may be prescribed by law. The county court 
shall have the general jurisdiction of a probate court. They shall 
probate wills, appoint guardians of minors, idiots, lunatics, per¬ 
sons non compos mentis, and common drunkards; grant letters 
testamentary and of administration; settle accounts of executors; 
transact all business appertaining to deceased persons, minors, 
idiots, lunatics, persons non compos mentis, and common drunkards, 
including the settlement, partition, and distribution of estates of 
deceased persons: and to apprentice minors, as provided by law; 
and the county court or judge thereof shall have power to issue 
writs of injunction, mandamus, and all writs necessary to the 
enforcement of the jurisdiction of said court, and to issue writs 
of habeas corpus in cases where the offense charged is within the 
jurisdiction of the county court or any other court or tribunal 
inferior to said court. The county court shall not have criminal 
jurisdiction in any county where there is a criminal district court 
unless expressly conferred by law; and in such counties appeals 
from justices’ courts and other inferior courts and tribunals in 
criminal cases shall be to the criminal district court, under such 
regulations as may be prescribed by law, and in all such cases an 
appeal shall lie from such district court to the court of criminal 
appeals. When the judge of the county court is disqualified in 
any case pending in the county court the parties interested may 
by consent appoint a proper person to try said case, or upon their 
failing to do so, a competent person may be appointed to try the 
same in the county where it is pending, in such manner as may be 
prescribed by law. amended, in 1891.^ 

Sec. 17. The county court shall hold a term for civil business 
at least once in every two months, and shall dispose of probate 
business, either in term time or vacation, as may be provided by 
law, and said court shall hold a term for criminal business once 


120 


CONSTITUTION OF TEXAS. 


in every month, as may be provided by law. Prosecutions may 
be commenced in said court by information filed by the county 
attorney, or by affidavit, as may be provided by law. Grand juries 
impanelled in the district courts shall inquire into misdemeanors, 
and all indictments therefor returned into the district courts shall 
forthwith be certified to the county courts, or other inferior courts 
having jurisdiction to try them, for trial; and if such indictment 
be quashed in the county or other inferior court, the person 
charged shall not be discharged if there is probable cause of 
guilt, but may be held by such court or magistrate to answer an 
information or affidavit. A jury in the county court shall consist 
of six men; but no jury shall be impanelled to try a civil case, 
unless demanded by one of the parties, who shall pay such jury 
fee therefor, in advance, as may be prescribed by law, unless he 
makes affidavit that he is unable to pay the same. 

Sec. 18. Each organized county in the state, now or hereafter 
existing, shall be divided from time to time, for the convenience 
of the people, into precincts, not less than four and not more than 
eight. The present county courts shall make the first divison. 
Subsequent divisions shall be made by the commissioners’ court 
provided for by this constitution. In each such precinct there 
shall be elected, at each biennial election, one justice of the peace 
and one constable, each of whom shall hold his office for two years 
and until his successor shall be elected and qualified; provided, 
that in any precinct in which there may be a city of eight thou¬ 
sand or more inhabitants, there shall be elected two justices of 
the peace. Each county shall in like manner be divided into four 
commissioners’ precincts, in each of which there shall be elected 
by the qualified voters thereof one county commissioner, who 
shall hold his office for two years and until his successor shall be 
elected and qualified. The county commissioners so chosen, with 
the county judge as presiding officer, shall compose the county 
commissioner’s court, which shall exercise such powers and juris¬ 
diction over all county business as is conferred by this constitu¬ 
tion and the laws of the state, or as may be hereafter prescribed. 

Sec. 19. Justices of the peace shall have jurisdiction in 
criminal matters of all cases where the penalty or fine to be 
imposed by law may not be more than for two hundred dollars, 
and in civil matters of all cases where the amount in controversy 
is two hundred dollars or less, exclusive of interest, of which 


CONSTITUTION OF TEXAS. 


121 


exclusive original jurisdiction is not given to the district or 
county courts; and such other jurisdiction, criminal and civil, as 
may be provided by law, under such regulations as may be pre¬ 
scribed by law; and appeals to the county courts shall be allowed 
in all cases decided in justices’ courts where the judgment is for 
more than twenty dollars, exclusive of costs, and in all criminal 
cases, under such regulations as may be prescribed by law. And 
the justices of the peace shall be ex officio notaries public; and 
they shall hold their courts at such times and places as may be 
provided by law. 

Sec. 20. There shall be elected for each county, by the quali¬ 
fied voters, a county clerk, who shall hold his office for two years, 
who shall be clerk of the county and commissioners’ courts and 
recorder of the county, whose duties, perquisites and fees of 
office shall be prescribed by the legislature, and a vacancy in 
whose office shall be filled by the commissioners’ court, until the 
next general election for county and state officers; provided, that 
in counties having a population of less than eight thousand per¬ 
sons there may be an election of a single clerk, who shall perform 
the duties of district and county clerks. 

Sec. 21. A county attorney, for counties in which there is not a 
resident criminal district attorney, shall be elected by the qualified 
voters of each county, who shall be commissioned by the gov¬ 
ernor, and hold his office for the term of two years. In case of 
vacancy the commissioners’ court of the county shall have power 
to appoint a county attorney until the next general election. The 
county attorneys shall represent the state in all cases in the dis¬ 
trict and inferior courts in their respective counties; but if any 
county shall be included in a district in which there shall be a 
district attorney, the respective duties of district attorneys and 
county attorneys shall, in such counties, be regulated by the 
legislature. The legislature may provide for the election of dis¬ 
trict attorneys in such districts as may be deemed necessary, and 
make provision for the compensation of district attorneys and 
county attorneys; provided, district attorneys shall receive an 
annual salary of five hundred dollars, to be paid by the state, and 
such fees, commissions and perquisites as may be provided by 
law. County attorneys shall receive as compensation only such 
fees, commissions and perquisites as may be prescribed by law. 

Sec. 22. The legislature shall have power, by local or general 

L 


122 


CONSTITUTION OF TEXAS. 


law, to increase, diminish or change the civil and criminal juris¬ 
diction of county courts ; and in cases of any such change of juris¬ 
diction the legislature shall also conform the jurisdiction of the 
other courts to such change. 

Sec. 23. There shall be elected by the qualified voters of each 
county a sheriff, who shall hold his office for the term of two years, 
whose duties, and perquisites, and fees of office, shall be prescribed 
by the legislature, and vacancies in whose office shall be filled by 
the commissioners’ court until the next general election for county 
or state officers. 

Sec. 24. County judges, county attorneys, clerks of the district 
and county courts, justices of the peace, constables, and other 
county officers, may be removed by the judges of the district courts 
for incompetency, official misconduct, habitual drunkenness, or 
other causes defined by law, upon the cause therefor being set 
forth in writing and the finding of its truth by a jury. 

Sec. 25. The supreme court shall have power to make and 
establish rules of procedure, not inconsistent with the laws of the 
state, for the government of said court and the other courts of 
this state, to expedite the dispatch of business therein. [^5 
amended in 1891.^^ 

Sec. 26. The state shall have no right of appeal in criminal 
cases. 

Sec. 27. The legislature shall at its first session, provide for 
the transfer of all business, civil and criminal, pending in dis¬ 
trict courts, over which jurisdiction is given by this constitution 
to the county courts or other inferior courts, to such county or 
inferior courts and for the trial or disposition of all such causes 
by such county or other inferior courts. 

Sec. 28. Vacancies in the office of judges of the supreme 
court, the court of criminal appeals, the court of civil appeals, 
and district courts, shall be filled by the governor until the next 
succeeding general election, and vacancies in the office of county 
judge and justices of the peace shall be filled by the commissioners’ 
court until the next general election for such offices. [As amended 
in mOl.] 

Sec. 29. The county court shall hold at least four terms for 
both civil and criminal business annually, as may be provided by 
the legislature, or by the commissioners’ court of the county 
under authority of law, and such other terms each year as may be 


CONSTITUTION OF TEXAS. 


123 


fixed by the commissioners’ court: provided, the commissioners’ 
court of any county having fixed the times and number of terms 
of the county court, shall not change the same again until the 
expiration of one year. Said court shall dispose of probate busi¬ 
ness either in term time or vacation, under such regulation as may 
be prescribed by law. Prosecutions may be commenced in said 
courts in such manner as is or may be provided by law, and a jury 
therein shall consist of six men. Until otherwise provided, the 
terms of the county court shall be held on the first Mondays in 
February, May, August and November, and may remain in session 
three weeks. [Adopted in 1883.] 

ARTICLE VI. 

SUFFRAGE. 

Section 1. The following classes of persons shall not be 
allowed to vote in this state, to-wit: 

First—Persons under twenty-one years of age. 

Second—Idiots and lunatics. 

Third—All paupers supported by any county. 

Fourth—All persons convicted of any felony, subject to such 
exceptions as the legislature may make. 

Fifth—All soldiers, marines and seamen employed in the service 
of the army or navy of the United States. 

Sec 2. Every male person subject to none of the foregoing 
disqualifications, who shall have attained the age of twenty-one 
years, and who shall be a citizen of the United States, and who 
shall have resided in this state one year next preceding an election, 
and the last six months within the district or county in which he 
offers to vote, shall be deemed a qualified elector. And every 
male person of foreign birth subject to none of the foregoing dis¬ 
qualifications, who, not less than six months before an election in 
which he offers to vote, shall have declared his intention to be¬ 
come a citizen of the United States in accordance with the Federal 
naturalization laws, and shall have resided in this state one year 
next preceding such election, and the last six months in the county 
in which he offers to vote, shall also be deemed a qualified elector; 
and all electors shall vote in the election precinct of their resi¬ 
dence: provided, that electors living in any unorganized county 
may vote at any election precinct in the county to which such 
county is attached for judicial purposes. [As amended in 1896.] 


124 


CONSTITUTION OF TEXAS. 


Sec. 3. All qualified electors of the state, as herein described, 
who shall have resided for six months immediately preceding an 
election within the limits of any city or corporate town, shall 
have the right to vote for mayor and all other elective officers; 
but in all elections to determine expenditure of money or assump¬ 
tion of debt, only those shall be qualified to vote who pay taxes 
on property in said city or incorporated town ; provided, that no 
poll tax for the payment of debts thus incurred shall be levied 
upon the persons debarred from voting in relation thereto. 

Sec. 4. In all elections by the people the vote shall be by ballot, 
and the legislature shall provide for the numbering of tickets and 
make such other regulations as may be necessary to detect and 
punish fraud and preserve the purity of the ballot-box; and the 
legislature may provide by law for the registration of all voters 
in all cities containing a population of ten thousand inhabitants 
or more. [As amended in 1891.^ 

Sec. 5. Voters shall, in all cases, except treason, felony or 
breach of the peace, be privileged from arrest during their 
attendance at elections, and in going to and returning there¬ 
from. 

ARTICLE VII. 

education—the public fkee schools. 

Section 1. A general diffusion of knowledge being essential 
to the preservation of the liberties and rights of the people, it 
shall be the duty of the legislature of the state to establish and 
make suitable provision for the support and maintenance of an 
efficient system of public free schools. 

Sec. 2. All funds, lands and other property heretofore set apart 
and appropriated for the support of public schools; all the alter¬ 
nate sections of land reserved by the state out of grants heretofore 
made or that may hereafter be made to railroads, or other corpor¬ 
ations, of any nature whatsoever; one-half of the public domain 
of the state; and all sums of money that may come to the state 
from the sale of any portion of the same, shall constitute a perpet¬ 
ual public school fund. 

Sec. 3. One-fourth of the revenue derived from the state oc¬ 
cupation taxes, and a poll tax of one dollar on every male inhabi¬ 
tant of this state between the ages of twenty-one and sixty years, 
shall be set apart annually for the benefit of the public free 


CONSTITUTION OF TEXAS. 


125 


schools, and, in addition thereto, there shall be levied and collected 
an annual ad valorem state tax of such an amount, not to exceed 
twenty cents on the one hundred dollars valuation, as, with the 
available school fund arising from all other sources, will be suffi¬ 
cient to maintain and support the public free schools of this state 
for a period of not less than six months in each year; and the 
legislature may also provide for the formation of school districts 
within all or any of the counties of this state, by general or 
special law, without the local notice required in other cases of 
special legislation, and may authorize an additional annual ad 
valorem tax to be levied and collected within such school districts 
for the further maintenance of public free schools and the erection 
of school buildings therein ; provided, that two thirds of the quali- 
fied»property tax-paying voters of the district, voting at an election 
to be held for that purpose, shall vote such tax, not to exceed in 
any one year twenty cents on the one hundred dollars valuation 
of the property subject to taxation in such district, but the limita¬ 
tion upon the amount of district tax herein authorized shall 
not apply to incorporated cities or towns constituting separate 
and independent school districts. [As amended in 1883.] 

Sec. 4. The lands herein set apart to the public free school fund 
shall be sold under such regulations, at such times, and on such 
terms as may be prescribed by law; and the legislature shall not have 
power to grant any relief to purchasers thereof. The comptroller 
shall invest the proceeds of such sales, and of those heretofore made, 
as may be directed by the board of education herein provided for, 
in the bonds of the United States, the State of Texas, or counties 
in said state, or in such other securities, and under such restrictions 
as may be prescribed by law; and the state shall be responsible 
for all investments, amended in 1883.] 

Sec. 5. The principal of all bonds and other funds, and the 
principal arising from the sale of the lands hereinbefore set apart 
to said school fund, shall be the permanent school fund ; and all 
the interest derivable therefrom and the taxes herein authorized 
and levied shall be the available school fund, to which the legis¬ 
lature may add not exceeding one per cent, annually of the total 
value of the permanent school fund; such value to be ascertained 
by the board of education until otherwise provided by law; and 
the available school fund shall be applied annually to the support 
of the public free schools. And no law shall ever be enacted 


126 


CONSTITUTION OF TEXAS. 


appropriating any part of the permanent or available school fund 
to any other purpose whatever; nor shall the same or any part 
thereof ever be appropriated to or used for the support of any 
sectarian school; and the available school fund herein provided 
shall be distributed to the several counties according to their 
scholastic population and applied in such manner as may be [)ro- 
vided by law. [^5 amended in 1891.^ 

Sec. 6. All lands heretofore or hereafter granted to the several 
counties of this state for educational purposes, are of right the 
property of said counties respectively to which they were granted, 
and title thereto is vested in said counties, and no adverse posses¬ 
sion or limitation shall ever be available against the title of any 
county. Each county may sell or dispose of its lands in whole or 
in part, in manner to be provided by the commissioners’ coui't of 
the county. Actual settlers residing on said lands shall be pro¬ 
tected in the prior right of purchasing the same to the extent of 
their settlement, not to exceed one hundred and sixty acres, at 
the price fixed by said court, which price shall not include the 
value of existing improvements made thereon by such settlers. 
Said lands, and the proceeds thereof, when sold, shall be held by 
said counties alone as a trust for the benefit of public schools 
therein; said proceeds to be invested in bonds of the United 
States, the State of Texas, or counties in said state, or in such 
other securities, and under such restrictions as may be prescribed 
by law; and the counties shall be responsible for all investments ; 
the interest thereon, and other revenue, except the principal, shall 
be available fund. [As amended in 1883.~\ 

Sec. 7. Separate schools shall be provided for the white and 
colored children, and impartial provision shall be made for both. 

Sec. 8. The governor, comptroller, and secretary of state shall 
constitute a board of education, who shall distribute said funds to 
the several counties, and perform such other duties concerning 
public schools as may be prescribed by law. 

ASYLUMS. 

Sec. 9. All lands heretofore granted for the benefit of the 
lunatic, blind, deaf and dumb, and orphan asylums, together 
with such donations as may have been or may hereafter be made 
to either of them, respectively, as indicated in the several grants, 
are hereby set apart to provide a permanent fund for the support. 


CONSTITUTION OF TEXAS. 


127 


maintenance and improvement of said asylums. And the legis¬ 
lature may provide for the sale of the lands and the investment 
of the proceeds in manner as provided for the sale and investment 
of school lands in section four of this article. 

UNIVERSITY. 

Sec. 10. The legislature shall, as soon as practicable, establish, 
organize and provide for the maintenance, support and direction 
of a university of the first class, to be located by a vote of the 
people of this state, and styled “The University of Texas,” for 
the promotion of literature and the arts and sciences, including 
an agricultural and mechanical department. 

Sec. 11. In order to enable the legislature to perform the duties 
set forth in the foregoing section, it is hereby declared that all 
lands and other property heretofore set apart and appropriated for 
the establishment and maintenance of “ The University of Texas,” 
together with all the proceeds of sales of the same, heretofore 
made or hereafter to be made, and all grants, donations and 
appropriations that may hereafter be made by the State of Texas, 
or from any other source, shall constitute and become a permanent 
university fund. And the same as realized and received into the 
treasury of the state (together with such sum belonging to the 
fund as may now be in the treasury), shall be invested in bonds 
of the State of Texas, if the same can be obtained; if not, then 
in United States bonds; and the interest accruing thereon shall 
be subject to appropriation by the legislature to accomplish the 
purpose declared in the foregoing section; provided, that the one- 
tenth of the alternate sections of the lands granted to railroads, 
reserved by the state, which were set apart and appropriated to 
the establishment of “The University of Texas,” by an act of 
the legislature of February 11, 1858, entitled “ An act to establish 
‘The University of Texas,’” shall not be included in or consti- 
titute a part of the permanent university fund. 

Sec. 12. The land herein set apart to the university fund shall 
be sold under such regulations, at such times and on such terms 
as may be provided by law; and the legislature shall provide for 
the prompt collection, at maturity, of all debts due on account of 
university lands heretofore sold, or that may hereafter be sold, 
and shall in neither event have the power to grant relief to the 
purchasers. 


128 


CONSTITUTION OF TEXAS. 


Sec. 13. The Agricultural and Mechanical College of Texas, 
established by an act of the legislature, passed April 17, 1871, 
located in the county of Brazos, is hereby made and constituted a 
branch of the University of Texas, for instruction in agriculture, 
the mechanic arts and the natural sciences connected therewith. 
And the legislature shall, at its next session, make an appropria¬ 
tion, not to exceed forty thousand dollars, for the construction 
and completion of the buildings and improvements, and for provid¬ 
ing the furniture necessary to put said college in immediate and 
successful operation. 

Sec. 14. The legislature shall, also, when deemed practicable, 
establish and provide for the maintenance of a college or branch 
university for the instruction of the colored youths of the state, 
to be located by a vote of the people; provided, that no tax 
shall be levied and no money appropriated out of the general 
revenue, either for this purpose or for the establishment and erec¬ 
tion of the buildings of the University of Texas. 

Sec. 15. In addition to the lands heretofore granted to the 
University of Texas, there is hereby set apart and appropriated, 
for the endowment, maintenance and support of said university 
and its branches, one million acres of the unappropriated public 
domain of the state, to be designated and surveyed as may be pro¬ 
vided by law ; and said lands shall be sold under the same regula¬ 
tions and the proceeds invested in the same manner as is provided 
for the sale and investment of the permanent university fund; 
and the legislature shall not have power to grant any relief to the 
purchasers of said lands. 

ARTICLE VIII. 

TAXATION AND REVENUE. 

Section 1. Taxation shall be equal and uniform. All property 
in this state, whether owned by natural persons or corporations, 
other than municipal, shall be taxed in proportion to its value, 
which shall be ascertained as may be provided by law. The legis¬ 
lature may impose a poll tax. It may also impose occupation 
taxes, both upon natural persons and upon corporations, other 
than municipal, doing any business in this state. It may also 
tax incomes of both natural persons and corporations, other 
than municipal, except that persons engaged in mechanical and 


CONSTITUTION OF TEXAS. 


129 


agricultural pursuits shall never be required to pay an occupation 
tax; provided, that two hundred and fifty dollars worth of house¬ 
hold and kitchen furniture, belonging to each family in this state 
shall be exempt from taxation; and provided further, that the occu¬ 
pation tax levied by any county, city or town, for any year, on 
persons or corporations pursuing any profession or business, shall 
not exceed one half of the tax levied by the state for the same 
period on such profession or business. 

Sec, 2. All occupation taxes shall be equal and uniform upon 
the same class of subjects within the limits of the authority levy¬ 
ing the tax; but the legislature may, by general laws, exempt 
from taxation public property used for public purposes; actual 
places of religious worship; places of burial not held for private 
or corporate profit; all buildings used exclusively and owned by 
persons or associations of persons for school purposes (and the 
necessary furniture of all schools), and institutions of purely 
public charity; and all laws exempting property from taxation, 
other than the property above mentioned, shall be void. 

Sec. 3. Taxes shall be levied and collected by general laws 
and for public purposes only. 

Sec. 4. The power to tax corporations and corporate property 
shall not be surrendered or suspended by act of the legislature, 
by any contract or grant to which the state shall be a party. 

Sec. 5. All property of railroad companies, of whatever de¬ 
scription, lying or being within the limits of any city or incorpor¬ 
ated town within this state, shall bear its proportionate share of 
municipal taxation, and if any such property shall not have been 
heretofore rendered, the authorities of the city or town within 
which it lies shall have power to require its rendition, and collect 
the usual municipal tax thereon, as on other property lying within 
said municipality. 

Sec. 6 . No money shall be drawn from the treasury but in pur¬ 
suance of specific appropriations made by law ; nor shall any appro¬ 
priation of money be made for a longer term than two years, except 
by the first legislature to assemble under this constitution, which 
may make the necessary appropriations to carry on the govern¬ 
ment until the assemblage of the sixteenth legislature. 

Sec. 7. The legislature shall not have power to borrow, or in 
any manner divert from its purpose, any special fund that may, 
or ought to, come into the treasury; and shall make it penal for 
9—Tex 


130 


CONSTITUTION OF TEXAS. 


any person or persons to borrow, withhold, or in any manner 
to divert from its purpose, any special fund, or any part thereof. 

Sec. 8. All property of railroad companies shall be assessed, 
and the taxes collected in the several counties in which said property 
is situated, including so much of the road-bed and fixtures as shall 
be in each county. The rolling stock may be assessed in gross in 
the county where the principal office of the company is located, 
and the county tax paid upon it shall be apportioned by the comp¬ 
troller, in proportion to the distance such road may run through 
any such county, among the several counties through which the 
road passes, as a part of their tax assets. 

Sec. 9. The state tax on property, exclusive of the tax neces¬ 
sary to pay the public debt and of the taxes provided for the bene¬ 
fit of public free schools, shall never exceed thirty-five cents on 
the one hundred dollars valuation ; and no county, city, or town 
shall levy more than twenty-five cents for city or county purposes, 
and not exceed fifteen cents for roads and bridges on the one hun¬ 
dred dollars valuation, except for the payment of debts incurred 
prior to the adoption of the amendment, September 25, A. D. 1883; 
and for the erection of public buildings, streets, sewers, water 
works, and other permanent improvements, not to exceed twenty- 
five cents on the one hundred dollars valuation in any one year, 
and except as is in this constitution otherwise provided; and the 
legislature may also authorize an additional annual ad valorem 
tax to be levied and collected for the further maintenance of the 
public roads; provided, that a majority of the qualified property 
tax paying voters of the county, voting at an election to be held 
for that purpose, shall vote such tax, not to exceed fifteen cents 
on the one hundred dollars valuation of the property subject to 
taxation in such county. And the legislature may pass local 
laws for the maintenance of public roads and highways without 
the local notice required for special or local laws. [As amended in 
1890.'] 

Sec. 10. The legislature shall have no power to release the in¬ 
habitants of, or property in, any county, city or town, from the 
payment of taxes levied for state or county purposes, unless 
in case of great public calamity in any such county, city or town, 
when such release may be made by a vote of two-thirds of each 
house of the legislature. 

Sec. 11. All property, whether owned by persons or corpora- 


CONSTITUTION OF TEXAS. 


131 


tioiis, shall be assessed for taxation and the taxes paid in the 
county where situated, but the legislature may, by a two-thirds 
vote, authorize the payment of taxes of non-residents of counties 
to be made at the office of the comptroller of public accounts. 
And all lands, and other property not rendered for taxation 
by the owner thereof shall be assessed at its fair value by the pro¬ 
per officer. 

Sec. 12. All property subject to taxation in, and owned by 
residents of unorganized counties, shall be assessed and the taxes 
thereon paid in the counties to which such unorganized counties 
shall be attached for judicial purposes; and lands lying in and 
owned by non-residents of unorganized counties, and lands lying 
in the territory not laid off into counties, shall be assessed 
and the taxes thereon collected at the office of the comptroller of 
the state. 

Sec. 13. Provision shall be made by the first legislature for the 
speedy sale of a sufficient portion of all lands and other property 
for the taxes due thereon, and every year thereafter for the sale of 
all lands and other property upon which the taxes have not been 
paid, and the deed of conveyance to the purchaser for all lands and 
other property thus sold shall be held to vest a good and perfect 
title in the purchaser thereof, subject to be impeached only for 
actual fraud; provided, that the former owner shall, within two 
years from date of purchaser’s deed, have the right to redeem the 
land upon the payment of double the amount of money paid for 
the land. 

Sec. 14. There shall be elected by the qualified electors of each 
county at the same time and under the same law regulating the 
election of state and county officers, an assessor of taxes, who shall 
hold his office for two years and until his successor is elected and 
qualified. 

Sec. 15. The annual assessment made upon landed property 
shall be a special lien thereon, and all property, both real and 
personal, belonging to any delinquent tax-payer shall be liable to 
seizure and sale for the payment of all the taxes and penalties 
due by such delinquent; and such property may be sold for the 
payment of the taxes and penalties due by such delinquent, under 
such regulations as the legislature may provide. 

Sec. 16. The sheriff of each county, in addition to his other 
duties, shall be the collector of taxes therefor. But in counties hav- 


132 


CONSTITUTION OF TEXAS. 


ing ten thousand inhabitants, to be determined by the last preceding 
census of the United States, a collector of taxes shall be elected, 
to hold office for two years and until his successor shall be elected 
and qualified. 

Sec. 17. The specification of the objects and subjects of tax¬ 
ation shall not deprive the legislature of the power to require 
other subjects or objects to be taxed, in such manner as may be 
consistent with the principles of taxation fixed in this consti¬ 
tution. 

Sec. 18. The legislature shall provide for equalizing, as near 
as may be, the valuation of all property subject to or rendered for 
taxation (the county commissioners’ court to constitute a board of 
equalization); and may also provide for the classification of all 
lands with reference to their value in the several counties 

Sec. 19. Farm products in the hands of the producer and family 
supplies for home and farm use, are exempt from all taxation 
until otherwise directed by a two-thirds vote of all the members 
elect to both houses of the legislature. {^Adopted in 1879.~\ 

ARTICLE IX. 

COUNTIES. 

Section 1. The legislature shall have power to create counties 
for the convenience of the people, subject to the following pro¬ 
visions : 

First. In the territory of the state exterior to all counties now 
existing, no new counties shall be created with a less area than 
nine hundred square miles, in a square form, unless prevented by 
pre-existing boundary lines. Should the state lines render this 
impracticable in border counties, the area may be less. The terri¬ 
tory referred to may, at any time, in whole or in part, be divided 
into counties in advance of population, and attached, for judicial 
and land surveying purposes, to the most convenient organized 
county or counties. 

Second. Within the territory of any county or counties now 
existing, no new county shall be created with a less area than seven 
hundred square miles, nor shall any such county now existing be 
reduced to a less area than seven hundred square miles. No new 
counties shall be created so as to approach nearer than twelve 
miles of the county seat of any county from which it may, in* 


CONSTITUTION OF TEXAS. 


133 


whole or in part, be taken. Counties of a less area than nine 
hundred, but of seven hundred or more square miles, within 
counties now existing, may be created by a two-thirds vote of each 
house of the legislature, taken by yeas and nays, and entered on 
the journals. Any county now existing may be reduced to an 
area of not less than seven hundred square miles by a like two- 
thirds vote. When any part of a county is stricken off and 
attached to or created into another county, the part stricken off 
shall be holden for and obliged to pay its proportion of all the 
liabilities then existing of the county from which it was taken, in 
such manner as may be prescribed by law. 

Third. No part of any existing county shall be detached from 
it and attached to another existing county until the proposition 
for such change shall have been submitted, in such manner as 
may be provided by law, to a vote of the electors of both counties, 
and shall have received a majority of those voting on the question 
in each. 

COUNTY SEATS. 

Sec. 2. The legislature shall pass laws regulating the manner 
of removing county seats, but no county seat situated within five 
miles of the geographical centre of the county shall be removed 
except by a vote of two-thirds of all the electors voting on the 
subject. A majority of such electors, however, voting at such 
election, may remove a county seat from a point more than five 
miles from the geographical centre of the county to a point within 
five miles of such centre, in either case the centre to be deter¬ 
mined by a certificate from the commissioner of the general land 
office. 

ARTICLE X. 

RAILROADS. 

Section 1. Any railroad corporation or association, organized 
under the law for the purpose, shall have the right to construct 
and operate a railroad between any points within this state, and 
to connect at the state line with railroads of other states. Every 
railroad company shall have the right, with its road, to intersect, 
connect with or cross any other railroad; and shall receive and 
transport each the other’s passengers, tonnage and cars, loaded or 
empty, without delay or discrimination, under such regulations as 
shall be prescribed by law. 

M 


k 


134 


CONSTITUTION OF TEXAS. 


Sec. 2. Eailroads heretofore constructed or which may here¬ 
after be constructed in this state are hereby declared public high¬ 
ways and railroad companies common carriers. The legislature 
shall pass laws to regulate railroad freight and passenger tariffs, 
to correct abuses, and prevent unjust discrimination and extortion 
in the rates of freight and passenger tariffs on the different rail¬ 
roads in this state, and enforce the same by adequate penalties; 
and to the further accomplishment of these objects and purposes 
may provide and establish all requisite means and agencies in¬ 
vested with such powers as may be deemed adequate and advisa¬ 
ble. [J.S amended in 1890.'] 

Sec. 3. Every railroad or other corporation, organized or doing 
business in this state under the laws or authority thereof, shall 
have and maintain a public office or place in this state for the 
transaction of its business, where transfers of stock shall be made, 
and where shall be kept, for inspection by the stockholders of 
such corporations, books in which shall be recorded the amount 
of capital stock subscribed, the names of the owners of the stock, 
the amounts owned by them respectively, the amount of stock 
paid, and by whom, the transfer of said stock, with the date of the 
transfer, the amount of its assets and liabilities, and the names 
and places of residence of its officers. The directors of every rail¬ 
road company shall hold one meeting annually in this state, public 
notice of which shall be given thirty days previously, and the 
president or superintendent shall report annually, under oath, to 
the comptroller or governor, their acts and doings, which report 
shall include such matters relating to railroads as may be pre¬ 
scribed by law. The legislature shall pass laws enforcing by suit¬ 
able penalties the provisions of this section. 

Sec. 4. The rolling stock and all other movable property 
belonging to any railroad company or corporation in this state 
shall be considered personal property, and its real and personal 
property or any part thereof, shall be liable to execution and sale 
in the same manner as the property of individuals ; and the legis¬ 
lature shall pass no laws exempting any such property from 
execution and sale. 

Sec. 5. No railroad or other corporation, or the lessees, pur¬ 
chasers or managers of any railroad corporation, shall consolidate 
the stock, property or franchises of such corporation with, or 
lease or purchase the works or franchises of, or in any way con- 


CONSTITUTION OF TEXAS. 


135 


trol any railroad corporation owning or having under its control a 
parallel or competing line; nor shall any officer of such railroad 
corporation act as an officer of any other railroad corporation 
owning or having the control of a parallel or competing line. 

Sec. 6. No railroad company organized under the laws of this 
state shall consolidate by private or judicial sale or otherwise with 
any railroad company organized under the laws of any other state 
or of the United States. 

Sec. 7. No law shall be passed by the legislature granting the 
right to construct and operate a street railroad within any city, 
town or village, or upon any public highway, without first acquir¬ 
ing the consent of the local authorities having c(fhtrol of the 
street or highway proposed to be occupied by such street railroad. 

Sec. 8. No railroad corporation in existence at the time of the 
adoption of this constitution shall have the benefit of any future 
legislation except on condition of complete acceptance of all the 
provisions of this constitution applicable to railroads. 

Sec. 9. No railroad hereafter constructed in this state shall 
pass within a distance of three miles of any county seat without 
passing through the same, and establishing and maintaining a 
depot therein, unless prevented by natural obstacles, such as 
streams, hills or mountains; provided, such town or its citizens 
shall grant the right of way through its limits and sufficient 
ground for ordinary depot purposes. 

ARTICLE XI. 

MUNICIPAL CORPORATIONS. 

Section 1. The several counties of this state are hereby recog¬ 
nized as legal sub-divisions of the state. 

Sec. 2. The construction of jails, court-houses and bridges, and 
the establishment of county poor-houses and farms, and the lay¬ 
ing out, construction and repairing of county roads, shall be pro¬ 
vided for by general laws. 

Sec. 3. No county, city or other municipal corporation shall 
hereafter become a subscriber to the capital of any private cor¬ 
poration or association, or make any appropriation or donation to 
the same, or in any wise loan its credit; but this shall not be con¬ 
strued to in any way affect any obligation heretofore undertaken 
pursuant to law. 


136 


CONSTITUTION OF TEXAS. 


Sec. 4. Cities and towns having a population of ten thousand 
inhabitants or less, may be chartered alone by general law. They 
may levy, assess and collect an annual tax to defray the current 
expenses of their local government, but such tax shall never 
exceed, for any one year, one-fourth of one per cent, and shall be 
collectable only in current money. And all license and occupa¬ 
tion tax levied, and all fines, forfeitures, penalties and other dues 
accruing to cities and towns, shall be collectable only in current 
money. 

Sec. 5. Cities having more than ten thousand inhabitants may 
have their charters granted or amended by special act of the legis¬ 
lature, and'•may levy, assess and collect such taxes as may be 
authorized by law, but no tax for any purpose shall ever be law¬ 
ful, for any one year, which shall exceed two and one-half per 
cent of the taxable property of such city; and no debt shall ever 
be created by any city unless at the same time provision be made 
to assess and collect annually a sufficient sum to pay the interest 
thereon and create a sinking fund of at least two per cent thereon. 

Sec. 6. Counties, cities and towns are authorized, in such 
mode as may now or may hereafter be provided by law, to levy, 
assess and collect the taxes necessary to pay the interest and pro¬ 
vide a sinking fund to satisfy any indebtedness heretofore legally 
made and undertaken; but all such taxes shall be assessed and 
collected separately from that levied, assessed and collected for 
current expenses of municipal government, and shall, when 
levied, specify in the act of levying the purpose therefor, and 
such taxes may be paid in the coupons, bonds or other indebted¬ 
ness for the payment of which such tax may have been levied. 

Sec. 7. All counties and cities bordering on the coast of the 
Gulf of Mexico are hereby authorized, upon a vote of two-thirds 
of the tax-payers therein (to be ascertained as may be provided 
by law), to levy and collect such tax for construction of sea walls, 
breakwaters or sanitary purposes, as may be authorized by law, 
and may create a debt for such works and issue bonds in evidence 
thereof. But no debt for any purpose shall ever be incurred in 
any manner by any city or county unless provision is made, at 
the time of creating the same, for levying and collecting a suffi¬ 
cient tax to pay the interest thereon and provide at least two per 
cent as a sinking fund; and the condemnation of the right of way 
for the erection of such works shall be fully provided for. 


CONSTITUTION OF TEXAS. 


137 


Sec. 8. The counties and cities on the gulf coast being subject 
to calamitous overflows, and a very large proportion of the gen¬ 
eral revenue being derived from those otherwise prosperous local¬ 
ities, the legislature is especially authorized to aid, by donation 
of such portion of the public domain as may be deemed proper, 
and in such mode as may be provided by law, the construction of 
sea walls or breakwaters, such aid to be proportioned to the extent 
and value of the works constructed or to be constructed in any 
locality. 

Sec. 9. The property of counties, cities and towns owned and 
held only for public purposes, such as public buildings and the sites 
therefor, fire engines and the furniture thereof, and all prop¬ 
erty used or intended for extinguishing fires, public grounds and 
all other property devoted exclusively to the use and benefit of 
the public, shall be exempt from forced sale and from taxation; 
provided, nothing herein shall prevent the enforcement of the 
vendor’s lien, the mechanic’s or builder’s lien, or other liens now 
existing. 

Sec. 10. The legislature may constitute any city or town a sepa¬ 
rate and independent school district. And when the citizens of 
any city or town have a charter, authorizing the city authorities 
to levy and collect a tax for the support and maintenance of a 
public institution of learning, such tax may hereafter be levied 
and collected if, at an election held for that purpose, two- 
thirds of the tax-payers of such city or town shall vote for such 
tax. 

ARTICLE XII. 
private corporations. 

Section 1. No private corporation shall be created except by 
general laws. 

Sec. 2. General laws shall be enacted providing for the creation 
of private corporations, and shall therein provide fully for the 
adequate protection of the public and of the individual stock¬ 
holders. 

Sec. 3. The right to authorize and regulate freights, tolls, 
wharfage or fares, levied and collected or proposed to be levied 
and collected by individuals, companies or corporations, for the 
use of highways, landings, wharves, bridges and ferries, devoted 
to public use, has never been and shall never be relinquished or 


138 


CONSTITUTION OF TEXAS. 


abandoned by the state, but shall always be under legislative con¬ 
trol and depend upon legislative authority. 

Sec. 4. The first legislature assembled after the adoption of 
this constitution shall provide a mode of procedure by the attorney- 
general and district or county attorneys, in the name and behalf 
of the state, to prevent and punish the demanding and receiving 
or collection of any and all charges, as freight, wharfage, fares or 
tolls, for the use of property devoted to the public, unless the same 
shall have been specially authorized by law. 

Sec. 5. All laws granting the right to demand and collect 
freight, fares, tolls or wharfage, shall at all times be subject to 
amendment, modification, or repeal by the legislature. 

Sec. 6. No corporation shall issue stock or bonds except for 
money paid, labor done, or property actually received, and all 
fictitious increase of stock or indebtedness shall be void. 

Sec. 7. Nothing in this article shall be construed to divest or 
afiect rights guaranteed by any existing grant or statute, of this 
state, or of the Republic of Texas. 

ARTICLE XIII. 

SPANISH AND MEXICAN LAND TITLES. 

Section 1. All fines, penalties, forfeitures and escheats, which 
have heretofore accrued to the Republic and State of Texas, under 
their constitutions and laws, shall accrue to the state under this 
constitution ; and the legislature shall provide a method for deter¬ 
mining what lands have been forfeited, and for giving effect to 
escheats; and all such rights of forfeiture and escheat to the state 
shall, ipso facto, enure to the protection of the innocent holders 
of junior titles, as provided in sections 2, 3 and 4 of this ar¬ 
ticle. 

Sec. 2. Any claim of title or right to land in Texas, issued 
prior to the 13th day of November, 1835, not duly recorded in the 
county where the land was situated at the time of such record; or 
not duly archived in the general land office; or not in the actual 
possession of the grantee thereof, or some person claiming under 
him, prior to the accruing of junior title thereto from the sover¬ 
eignty of the soil, under circumstances reasonably calculated to 
give notice to said junior grantee, has never had, and shall not 
have, standing or effect against such junior title, or color of title, 
acquired without such or actual notice of such prior claim of title 


CONSTITUTION OF TEXAS. 


139 


or right; and no condition annexed to such grants, not archived, 
or recorded, or occupied as aforesaid, has been, or ever shall here- 
leased or waived, but actual performance of all such conditions shall 
be proved by the person or persons claiming under such title or 
claim of right in order to maintain action thereon, and the holder 
of such junior title, or color of title, shall have all the rights of 
the government which have heretofore existed, or now exist, aris¬ 
ing from the non-performance of all such conditions. 

Sec. 3. Non-payment of taxes on any claim of title to land 
dated prior to the 13th day of November, 1835, not recorded or 
archived, as provided in section 2, by the person or persons so 
claiming, or those under whom he orthey so claim, from that date 
up to the date of the adoption of this constitution, shall be held to be 
a presumption that the right thereto has reverted to the state, and 
that said claim is a stale demand, which presumption shall only 
be rebutted by payment of all taxes on said lands, state, county, 
and city or town, to be assessed on the fair value of such lands by 
the comptroller, and paid to him, without commutation or deduc¬ 
tion for any part of the above period. 

Sec. 4. No claim of title or right to land, which issued prior 
to the 13th day of November, 1835, which has not been duly 
recorded in the county where the land was situated at the time 
of such record, or wdiich has not been duly archived in the general 
land office, shall ever hereafter be deposited in the general land 
office, or recorded in this state, or delineated on the maps, or used as 
evidence in any of the courts of this state, and the same are stale 
claims; but this shall not affect such rights or presumptions as 
arise from actual possession. By the words, “ duly recorded,” as used 
in sections 2 and 4 of this article, it is meant that such claim of 
title or right to land shall have been recorded in the proper office, 
and that mere errors in the certificate of registration, or infor¬ 
mality, not affecting the fairness and good faith of the holder thereof, 
with which the record was made, shall not be held to vitiate such 
record. 

Sec. 5. All claims, locations, surveys, grants and titles of any 
kind, which are declared null and void by the constitution of the 
Republic or State of Texas, are, and the same shall remain forever 
null and void. 

Sec. 6. The legislature shall pass stringent laws for the detec¬ 
tion and conviction of all forgers of land titles, and may make 


140 


CONSTITUTION OF TEXAS. 


such appropriations of money for that purpose as may be neces¬ 
sary. 

Sec. 7. Sections 2, 3, 4 and 5 of this article, shall not be so 
construed as to set aside or repeal any law or laws of the Republic 
or State of Texas, releasing the claimants of headrights of colo¬ 
nists of a league of laud, or less from compliance with the condi¬ 
tions on which their grants were made. 

ARTICLE XIV. 

PUBLIC LANDS AND LAND OFFICE. 

Section 1. There shall be one general land office in the state, 
which shall be at the seat of government, where all land titles 
which have emanated or may hereafter emanate from the state 
shall be registered, except those titles the registration of which 
may be prohibited by this constitution. It shall be the duty of 
the legislature at the earliest practicable time to make the land 
office self-sustaining, and from time to time the legislature may 
establish such subordinate offices as may be deemed necessary. 

Sec. 2. All unsatisfied genuine land certificates barred by sec¬ 
tion 4, article 10, of the constitution of 1869, by reason of the 
holders or owners thereof failing to have them surveyed and re¬ 
turned to the land office by the first day of January, 1875, are 
hereby revived. All unsatisfied genuine land certificates now in 
existence shall be surveyed and returned to the general land office 
within five years after the adoption of this constitution, or be for¬ 
ever barred; and all genuine land certificates hereafter issued by 
the state shall be surveyed and returned to the general land office 
within five years after issuance, or be forever barred; provided, 
that all genuine land certificates heretofore or hereafter issued shall 
be located, surveyed or patented only upon vacant and unappro¬ 
priated public domain, and not upon any land titled or equitably 
owned under color of title from the sovereignty of the state, evi¬ 
dence of the appropriation of which is on the county records or in 
the general land office; or when the appropriation is evidenced by 
the occupation of the owner, or of some person holding for him. 

Sec. 3. The legislature shall have no power to grant any of the 
lands of this state to any railway company except upon the fol¬ 
lowing restrictions and conditions: 

First. That there shall never be granted to any such corpora¬ 
tion more than sixteen sections to the mile, and no reservation of 


CONSTITUTION OF TEXAS. 


141 


any part of the public domain for the purpose of satisfying such 
grant shall ever be made. 

Second. That no land certificate shall be issued to such com¬ 
pany until they have equipped, constructed and in running order 
at least ten miles of road, and on the failure of such company to 
comply with the terms of its charter, or to alienate its land at a 
period to be fixed by law, in no event to exceed twelve years from 
the issuance of the patent, all said land shall be forfeited to the 
state and become a portion of the public domain, and liable to 
location and survey. The legislature shall pass general laws only, 
to give eflect to the provisions of this section. 

Sec. 4. No certificate for land shall be sold at the land office 
except to actual settlers upon the same, and in lots not to exceed 
one hundred and sixty acres. 

Sec. 5. All lands heretofore or hereafter granted to railway 
companies, where the charter or law of the state required or shall 
hereafter require their alienation within a certain period, on pain 
of forfeiture, or is silent on the subject of forfeiture, and which 
lands have not been or shall not hereafter be alienated, in con¬ 
formity with the terms of their charters and the laws under which 
the grants were made, are hereby declared forfeited to the state, and 
subject to pre-emption, location and survey, as other vacant lands. 
All lands heretofore granted to said railroad companies to which 
no forfeiture was attached, on their failure to alienate, are not in¬ 
cluded in the foregoing clause, but in all such last-named cases it 
shall be the duty of the attorney-general, in every instance, where 
alienations have been or hereafter may be made, to inquire into 
the same, and if such alienation has been made in fraud of the 
rights of the state, and is colorable only, the real and beneficial 
interest being still in such corporation, to institute legal proceed¬ 
ings in the county where the seat of government is situated, to 
forfeit such lands to the state, and if such alienation be judicially 
ascertained to be fraudulent and colorable as aforesaid, such lands 
shall be forfeited to the state and become a part of the vacant 
public domain, liable to pre-emption, location and survey. 

Sec. 6. To every head of a family without a homestead there 
shall be donated one hundred and sixty acres of public land, upon 
condition that he will select and locate said land, and occupy the 
same three years, and pay the office fees due thereon. To all 
single men of eighteen years of age and upwards shall be donated 


142 


CONSTITUTION OF TEXAS. 


eighty acres of public land, upon the terms and conditions pre¬ 
scribed for heads of families. 

Sec. 7. The State of Texas hereby releases to the owner or 
owners of the soil all mines and minerals that may be on the 
same, subject to taxation as other property. 

Sec. 8. Persons residing between the Nueces river and the Rio 
Grande, and owning grants for lands which emanated from the 
government of Spain, or that of Mexico, which grants have been 
recognized and validated by the state, by acts of the legislature, 
approved February 10, 1852, August 15, 1870, and other acts, 
and who have been prevented from complying with the require¬ 
ments of said acts by the unsettled condition of the country, shall 
be allowed until the first day of January, 1880, to complete their 
surveys and the plots thereof, and to return their field-notes to 
the general land office, and all claimants failing to do so shall be 
forever barred; provided, nothing in this section shall be so con¬ 
strued as to validate any titles not already valid, or to interfere 
with the rights of third persons. 

ARTICLE XV. 

IMPEACHMENT. 

Section 1. The power of impeachment shall be vested in the 
house of representatives. 

Sec. 2. Impeachment of the governor, lieutenant-governor, 
attorney-general, treasurer, commissioner of the general land 
office, comptroller and the judges of the supreme court, court of 
appeals and district courts, shall be tried by the senate. 

Sec. 3. When the senate is sitting as a court of impeachment, 
the senators shall be on oath, or affirmation, impartially to try the 
party impeached, and no person shall be convicted without the 
concurrence of tw’o-thirds of the senators present. 

Sec. 4. Judgment in cases of impeachment shall extend only 
to removal from office, and disqualification from holding any office 
of honor, trust, or profit, under this state. A party convicted 
on impeachment shall also be subject to indictment, trial and 
punishment, according to law. 

Sec. 5. All officers against wiiom articles of impeachment may 
be preferred shall be suspended from the exercise of the duties of 
their office during the pendency of such impeachment. The gov- 


CONSTITUTION OF TEXAS. 


143 


ernor may make a provisional appointment to fill the vacancy 
occasioned by the suspension of an officer until the decision on 
the impeachment. 

Sec. 6 . Any judge of the district courts of the state who is 
incompetent to discharge the duties of his office, or who shall be 
guilty of partiality, or oppression, or other official misconduct, or 
whose habits and conduct are such as to render him unfit to hold 
such office, or who shall negligently fail to perform his duties 
as judge, or who shall fail to execute in a reasonable measure the 
business in his courts, may be removed by the supreme court. 
The supreme court shall have original jurisdiction to hear and 
determine the causes aforesaid when presented in writing upon 
the oaths, taken before some judge of a court of record, of not less 
than ten lawyers, practicing in the courts held by such judge, and 
licensed to practice in the supreme court; said presentment to be 
founded either upon the knowledge of the persons making it or 
upon the written oaths as to the facts of creditable witnesses. 
The supreme court may issue all needful process and prescribe all 
needful rules to give effect to this section. Causes of this kind 
shall have precedence and be tried as soon as practicable. 

Sec. 7. The legislature shall provide by law for the trial and 
removal from office of all officers of this state, the modes for 
which have not been provided in this constitution. 


ADDRESS. 

Sec. 8. The judges of the supreme court, court of appeals and 
district courts, shall be removed by the governor on the address 
of two-thirds of each house of the legislature, for wilful neglect 
of duty, incompetency, habitual drunkenness, oppression in office, 
or other reasonable cause which shall not be sufficient ground for 
impeachment; provided, however, that the cause or causes for 
which such removal shall be required shall be stated at length in 
such address and entered on the journals of each house; and pro¬ 
vided further, that the cause or causes shall be notified to the judge 
so intended to be removed, and he shall be admitted to a hearing 
in his own defence before any vote for such address shall pass; 
and in all such cases the vote shall be taken by yeas and nays and 
entered on the journals of each house respectively. 


144 


CONSTITUTION OF TEXAS. 


AETICLE XVI. 

GENERAL PROVISIONS. 

Section 1. Members of the legislature and all officers, before 
they enter upon the duties of their offices, shall take the fol¬ 
lowing oath or affirmation: “I, ., do solemnly swear 

(or affirm), that I will faithfully and impartially discharge and 
perform all the duties incumbent upon me as., ac¬ 

cording to the best of my skill and ability, agreeably to the con¬ 
stitution and laws of the United States and of this state; and 
I do further solemnly swear (or affirm), that since the adoption of 
the constitution of this state, I, being a citizen of this state, have 
not fought a duel with deadly weapons, within this state nor out 
of it, nor have I sent or accepted a challenge to fight a duel witli 
deadly weapons, nor have I acted as second in carrying a chal¬ 
lenge, or aided, advised or assisted any person thus offending: 
And I furthermore solemnly swear (or affirm), that I have not, 
directly nor indirectly, paid, offered or promised to pay, con¬ 
tributed nor promised to contribute, any money or valuable thing, 
or promised any public office or employment, as a reward for the 
giving or withholding a vote at the election at which I was elected 
(or, if the office is one of appointment, to secure my appoint¬ 
ment) : So help me God.” 

Sec. 2. Laws shall be made to exclude from office, serving on 
juries, and from the right of suffrage, those who may have been 
or shall hereafter be convicted of bribery, perjury, forgery or 
other high crimes. The privilege of free suffrage shall be pro¬ 
tected by laws regulating elections, and prohibiting under adequate 
penalties all undue inffuence therein from power, bribery, tumult, 
or other improper practice. 

Sec. 3. The legislature shall make provision whereby persons 
convicted of misdemeanors and committed to the county jails in 
default of payment of fines and costs, shall be required to dis¬ 
charge such fines and costs by manual labor, under such regu¬ 
lations as may be prescribed by law. 

Sec. 4. Any citizen of this state who shall after the adoption 
of this constitution, fight a duel with deadly weapons, or send or 
accept a challenge to fight a duel with deadly weapons, either 
within this state or out of it, or who shall act as second, or know¬ 
ingly assist in any manner those thus offending, shall be deprived 




CONSTITUTION OF TEXAS. 


145 


of the right of suffrage, or of holding any office of trust or profit 
under this state. 

Sec. 5. Every person shall be disqualified from holding any 
office of profit or trust in this state who shall have been convicted 
of having given or offered a bribe to procure his election or ap¬ 
pointment. 

Sec. 6 . No appropriation for private or individual purposes 
shall be made. A regular statement under oath, and an account 
of the receipts and expenditures of all public money, shall be 
published annually, in such manner as shall be prescribed by 
law. 

Sec. 7. The legislature shall in no case have power to issue 
“ treasury warrants,” “treasury notes,” or paper of any description 
intended to circulate as money. ♦ 

Sec. 8. Each county in the state may provide, in such man¬ 
ner as may be prescribed by law, a manual labor poor-house 
and farm, for taking care of, managing, employing and supplying 
the wants of its indigent and poor inhabitants. 

Sec. 9. Absence on business of the state or of the United 
States shall not forfeit a residence once obtained, so as to deprive 
any one of the right of suffrage, or of being elected or appointed 
to any office, under the exceptions contained in this consti¬ 
tution. 

Sec. 10. The legislature shall provide for deductions from the 
salaries of public officers who may neglect the performance of any 
duty that may be assigned them by law. 

Sec. 11. All contracts for a greater rate of interest than ten per 
centum per annum shall be deemed usurious, and the first legis¬ 
lature after this amendment is adopted shall provide appropriate 
pains and penalties to prevent the same; but when no rate of 
interest is agreed upon, the rate shall not exceed six per centum 
per annum. [As amended in 1891.'] 

Sec. 12. No member of congress, nor person holding or exer¬ 
cising any office of profit or trust under the United States, or 
either of them, or under any foreign power, shall be eligible as a 
member of the legislature, or hold or exercise any office of profit 
or trust under this state. 

Bec. 13. It shall be the duty of the legislature to pass such 
laws as may be necessary and proper to decide differences by 
arbitration, when the parties shall elect that method of trial. 

10— Tex N 




146 


CONSTITUTION OF TEXAS. 


Sec. 14. All civil officers shall reside within the state, and 
all district or county officers within their districts or counties, 
and shall keep their offices at such places as may be required by 
law; and failure to comply with this condition shall vacate the 
office so held. 

Sec. 15. All property, both real and personal, of the wife, 
owned or claimed by her before marriage, and that acquired after¬ 
ward by gift, devise or descent, shall be her separate property; 
and laws shall be passed more clearly defining the rights of the 
wife in relation as well to her separate property as that held in 
common with her husband. Laws shall also be passed providing 
for the registration of the wife’s separate property. 

Sec. 16. No corporate body shall hereafter be created, renewed 
or extended with banking or discounting privileges. 

Sec. 17. All officers within this state shall continue to per¬ 
form the duties of their offices until their successors shall be duly 
qualified. 

Sec. 18. The rights of property and of action, which have 
been acquired under the constitution and the laws of the republic 
and state, shall not be divested ; nor shall any rights or actions 
which have been divested, barred, or declared null and void by 
the constitution of the republic and state, be reinvested, renewed, 
or reinstated by this constitution ; but the same shall remain pre¬ 
cisely in the situation in which they were before the adoption of 
this constitution, unless otherwise herein provided; and provided 
further, that no cause of action heretofore barred shall be re¬ 
vived. 

Sec. 19. The legislature shall prescribe by law the qualifi¬ 
cation of grand and petit jurors. 

Sec. 20. The legislature shall at its first session enact a law 
whereby the qualified voters of any county, justice’s precinct, town, 
city (or such subdivision of a county as may be designated by the 
commissioner’s court of said county) may by a majority vote de¬ 
termine from time to time whether the sale of intoxicating liquors 
shall be prohibited within the prescribed limits. [As amended in 
1891.] 

Sec. 21. All stationery and printing, except proclamations and 
such printing as may be done at the deaf and dumb asylum, paper 
and fuel used in the legislative and other departments of the 
government, except the judicial department, .shall be furnished 


CONSTITUTION OF TEXAS. 


147 


and the printing and binding of the laws, journals and depart¬ 
ment reports, and all other printing and binding, and the repair¬ 
ing and furnishing the halls and rooms used for the meetings of 
the legislature and its committees, shall be performed under con¬ 
tract, to be given to the lowest responsible bidder, below such max¬ 
imum price and under such regulations as shall be prescribed by 
law. No member or officer of any department of the government 
shall be in any way interested in such contracts; and all such 
contracts shall be subject to the approval of the governor, secre¬ 
tary of state and comptroller. 

Sec. 22. The legislature shall have the power to pass such 
fence laws, applicable to any subdivision of the state or counties, 
as may be needed to meet the wants of the people. 

Sec. 23. The legislature may pass laws for the regulation of 
live stock, and the protection of stock-raisers in the stock-raising 
portion of the state, and exempt from the operation of such laws 
other portions, sections or counties; and shall have power to pass 
general and special laws for the inspection of cattle, stock and 
hides, and for the regulation of brands; provided, that any local 
law thus passed shall be submitted to the freeholders of the sec¬ 
tion to be affected thereby, and approved by them before it shall 
go into effect. 

Sec. 24. The legislature shall make provision for laying out 
and working public roads, for the building of bridges, and for 
utilizing fines, forfeitures and convict labor to all these purposes. 

Sec. 25. That all drawbacks and rebatement of insurance, 
freight, transportation, carriage, wharfage, storage, compressing, 
baling, repairing, or for any other kind of labor or service, of or 
to any cotton, grain or any other produce or article of commerce 
in this state, paid or allowed or contracted for, to any common 
carrier, shipper, merchant, commission merchant, factor, agent, 
or middle man of any kind, not the true and absolute owner 
thereof, are forever prohibited, and it shall be the duty of the 
legislature to pass effective laws punishing all persons in this state 
who pay, receive, or contract for or respecting the same. 

Sec. 26. Every person, corporation or company that may com¬ 
mit a homicide, through wilful act or omission or gross neglect, 
shall be responsible in exemplary damages to the surviving hus¬ 
band, wife, heirs of his or her body, or such of them as there may 





148 


CONSTITUTION OF TEXAS. 


be, without regard to any criminal proceeding that may or may not 
be had in relation to the homicide. 

Sec. 27. In all elections to fill vacancies of office in this state, 
it shall be to fill the unexpired term only. 

Sec. 28. No current wages for personal service shall ever be 
subject to garnishment. 

Sec. 29. The legislature shall provide by law for defining and 
punishing barratry. 

Sec. 30. The duration of all offices not fixed by this constitu¬ 
tion shall never exceed two years: provided, that when a railroad 
commission is created by law it shall be composed of three com¬ 
missioners, who shall be elected by the people at a general elec¬ 
tion for state officers, and their terms of office shall be six years; 
provided, railroad commissioners first elected after this amend¬ 
ment goes into effect shall hold office as follows: one shall serve 
two years, and one four years, and one six years, their terms to be 
decided by lot immediately after they have qualified. And one 
railroad commissioner shall be elected every two years thereafter. 
In case of vacancy in said office, the governor of the state shall 
fill said vacancy by appointment until the next general election. 
[As amended in 

Sec. 31. The legislature may pass laws prescribing the quali¬ 
fications of practitioners of medicine in this state, and to punish 
persons for malpractice, but no preference shall ever be given by 
law to any schools of medicine. 

Sec. 32. The legislature may provide by law for the establish¬ 
ment of a board of health and vital statistics, under such rules and 
regulations as it may deem proper. 

Sec. 33. The accounting officers of this state shall neither 
draw nor pay a warrant upon the treasury in favor of any person, 
for salary or compensation as agent, officer or appointee, who 
holds at the same time any other office or position of honor, trust 
or profit, under this state or the United States, except as pre¬ 
scribed in this constitution. 

Sec. 34. The legislature shall pass laws authorizing the gov¬ 
ernor to lease or sell to the government of the United States a 
sufficient quantity of the public domain of the state necessary for 
the erection of forts, barracks, arsenals, and military stations or 
camps, and for other needful military purposes; and the action of 


CONSTITUTION OF TEXAS. 


149 


the governor therein shall be subject to the approval of the legis¬ 
lature. 

Sec. 35. The legislature shall, at its first session, pass laws to 
protect laborers on public buildings, streets, roads, railroads, canals 
and other similar public works, against the failure of contractors and 
sub-contractors to pay their current wages when due, and to make 
the corporation, company or individual for whose benefit the 
work is done, responsible for their ultimate payment. 

Sec. 36. The legislature shall, at its first session, provide for 
the payment or funding, as they may deem best, of the amounts 
found to be justly due to teachers in the public schools by the 
state, for service rendered prior to the 1st day of July, 1873, and 
for the payment by the school districts in the state of amounts 
justly due teachers of public schools by such district to January, 
1876. 

Sec. 37. Mechanics, artisans and material men, of every class, 
shall have a lien upon the buildings and articles made or repaired 
by them, for the value of their labor done thereon, or material 
furnished therefor; and the legislature shall provide by law 
for the speedy and efficient enforcement of said liens. 

Sec. 38. The legislature may, at such time as the public interest 
may require, provide for the office of commissioner of insurance, 
statistics and history, whose term of office, duties and salary shall 
be prescribed by law. 

Sec. 39. The legislature may, from time to time, make appro¬ 
priations for preserving and perpetuating memorials of the history 
of Texas, by means of monuments, statues, printings, and docu¬ 
ments of historical value. 

Sec. 40. No person shall hold or exercise, at the same time, 
more than one civil ofiice of emolument, except that of justice of 
the peace, county commissioner, notary public and postmaster, 
unless otherwise specially provided herein. 

Sec. 41. Any person who shall, directly or indirectly offer, give 
or promise, any money or thing of value, testimonial, privilege or 
personal advantage, to any executive or judicial officer or member 
of the legislature, to influence him in the performance of any of 
his public or official duties, shall be guilty of bribery, and be pun¬ 
ished in such manner as shall be provided by law. And any 
member of the legislature or executive or judicial officer, who shall 
solicit, demand or receive, or consent to receive, directly or in- 


150 


CONSTITUTION OF TEXAS. 


directly, for himself or for another, from any company, corporation 
or person, any money, appointment, employment, testimonial, 
revvard, thing of value or employment, or of personal advantage 
or promise thereof, for his vote or official influence, or for withhold¬ 
ing the same, or with any understanding, expressed or implied, 
that his vote or official action shall be in any way influenced 
thereby, or who shall solicit, demand and receive any such money 
or other advantage, matter or thing aforesaid, for another, as the con¬ 
sideration of his vote or official influence, in consideration of the pay¬ 
ment or promise of such money, advantage, matter or thing to 
another, shall be held guilty of bribery, within the meaning of 
the constitution, and shall incur the disabilities provided for said 
offences, with a forfeiture of the office they may hold, and such 
other additional punishment as is or shall be provided by law. 

Sec. 42. The legislature may establish an inebriate asylum, 
for the cure of drunkenness and reform of inebriates. 

Sec. 43. No man or set of men shall ever be exempted, relieved or 
discharged, from the performance of any public duty or service 
imposed by general law, by any special law. Exemptions from 
the performance of such public duty or service shall only be made 
by general law. 

Sec. 44. The legislature shall prescribe the duties, and provide 
for the election, by the qualified voters of each county in this 
state, of a county treasurer and a county surveyor, who shall have 
an office at the county seat, and hold their office for two years, and 
until their successors are qualified; and shall have such compen¬ 
sation as may be provided by law. 

Sec. 45. It shall be the duty of the legislature to provide for 
collecting, arranging and safely keeping such records, rolls, cor¬ 
respondence, and other documents, civil and military, relating to 
the history of Texas, as may be now’ in the possession of parties 
willing to confide them to the care and preservation of the 
state. 

Sec. 46. The legislature shall provide by law for organizing 
and disciplining the militia of the state, in such manner as they 
shall deem expedient, not incompatible with the constitution and 
the laws of the United States. 

Sec. 47. Any person who conscientiously scruples to bear arms, 
shall not be compelled to do so, but shall pay an equivalent for 
personal service. 


CONSTITUTION OF TEXAS, 


151 


Sec. 48. All laws and parts of laws now in force in the State 
of Texas, which are not repugnant to the constitution of the 
United States or to this constitution, shall continue and remain in 
force as the laws of this state until they expire by their own limit¬ 
ation or shall be amended or repealed by the legislature. 

Sec. 49. The legislature shall have power, and it shall be its 
duty, to protect by law from forced sale a certain portion of the 
personal property of all heads of families, and also of unmarried 
adults, male and female. 

Sec. 50. The homestead of a family shall be, and is hereby 
protected from forced sale, for the payment of all debts except for 
the purchase money thereof, or a part of such purchase money, 
the taxes due thereon, or for work and material used in construct¬ 
ing improvements thereon, and in this last case only when the 
work and material are contracted for in writing, with the consent 
of the wife given in the same manner as is required in making a 
sale and conveyance of the homestead; nor shall the owner, if a 
married man, sell the homestead without the consent of the wife, 
givendn such manner as may be prescribed by law. No mortgage, 
trust deed or other lien on the homestead shall ever be valid, except 
for the purchase money therefor, or improvements made thereon, 
as hereinbefore provided, whether such mortgage, or trust deed, 
or other lien, shall have been created by the husband alone or 
together with his wife; and all pretended sales of the homestead 
involving any condition of defeasance shall be void. 

Sec. 51. The homestead not in a town or city shall consist of 
not more than two hundred acres of land, which may be in one or 
more parcels, with the improvements thereon; the homestead in 
a city, town or village, shall consist of lot or lots, not to exceed in 
value five thousand dollars at the time of their designation as 
the homestead without reference to the value of any improve¬ 
ments thereon ; provided, that the same shall be used for the pur¬ 
poses of a home, or as a place to exercise the calling or business of 
the head of the family; provided, also, that any temporary rent¬ 
ing of the homestead shall not change the character of the same, 
when no other homestead has been acquired. 

Sec. 52. On the death of the husband or wife, or both, the 
homestead shall descend and vest in like manner as other real 
property of the deceased, and shall be governed by the same laws 
of descent and distribution, but it shall not be partitioned among 


152 


CONSTITUTION OF TEXAS. 


the heirs of the deceased during the lifetime of the surviving hus¬ 
band or wife, or so long as the survivor may elect to use or occupy 
the same as a homestead, or so long as the guardian of the minor 
children of the deceased may be permitted, under the order of the 
proper court having the jurisdiction, to use and occupy the same. 

Sec. 53. That no inconvenience may arise from the adoption 
of this constitution, it is declared that all process and writs of all 
kinds which have been or maybe issued and not returned or executed 
when this constitution is adopted, shall remain valid, and shall 
not be in any way affected by the adoption of this constitution. 

Sec. 54. It shall be the duty of the legislature to provide for 
the custody and maintenance of indigent lunatics, at the expense 
of the state, under such regulations and restrictions as the legis¬ 
lature may prescribe. 

Sec. 55. The legislature may provide annual pensions, not to 
exceed one hundred and fifty dollars per annum, to surviving 
soldiers or volunteers in the war between Texas and Mexico, from 
the commencement of the revolution in 1835, until the 1st of 
January, 1837; and also to the surviving signers of the declara¬ 
tion of independence of Texas; and to the surviving widows, con¬ 
tinuing unmarried, of such soldiers and signers; provided, that 
no such pension be granted except to those in indigent circum¬ 
stances, proof of which shall be made before the county court of 
the county where the applicant resides, in such manner as may 
be provided by law. 

Sec. 56. The legislature shall have no power to appropriate 
any of the public money for the establishment and maintenance 
of a bureau of immigration, or for any purpose of bringing immi¬ 
grants to this state. 

Sec. 57. Three millions acres of the public domain are hereby 
appropriated and set apart for the purpose of erecting a new state 
capitol and other necessary public buildings at the seat of govern¬ 
ment, said lands to be sold under the direction of the legislature; 
and the legislature shall pass suitable laws to carry this section 
into effect. 

ARTICLE XVII. 

MODE OF AMENDING THE CONSTITUTION OF THIS STATE. 

Section 1. The legislature, at any biennial session, by a vote 
of two-thirds of all the members elected to each house, to be 


CONSTITUTION OF TEXAS. 


153 


entered by yeas and nays on the journals, may propose amend¬ 
ments to the constitution, to be voted upon by the qualified electors 
for members of the legislature, which proposed amendments shall 
be duly published once a week, for four weeks, commencing at 
least three months before an election, the time of which shall be 
specified by the legislature, in one weekly newspaper of each 
county in which such a newspaper may be published ; and it shall 
be the duty of the several returning officers of said election to 
open a poll for, and make returns to the secretary of state of 
the number of legal votes cast at said election for and against said 
amendments ; and if more than one be proposed, then the number 
of votes cast for and against each of them; and if it shall appear 
from said return that a majority of the votes cast have been cast 
in favor of any amendment the said amendment so receiving a 
majority of the votes cast shall become a part of this constitution, 
and proclamation shall be made by the governor thereof. 


APPENDIX. 

TOPICAL ANALYSIS. 




I. INTRODUCTORY. 


Society. 

The State: 

The State, Society Politically Or¬ 
ganized. 


The State: 

The Constitution. 
The Statutes. 


II. HISTORICAL SKETCH OF TEXAS. 
I. THE BEGINNINGS, 1682-1727. 


Slow Colonizing Work of Spain. 
The Earliest Colonies: 

Isleta, 1682. 

Fort St, Louis, 1685. 

Missions and Presidios. 


The Name Texas. 

Possession Secured for Spain by 
Missions, 1716, 

Slight Hold of the Spanish. 

Slow Progress of Civilization. 


II. THE PROVINCE, 1727-1830. 
The Spanish-Mexican Period. 


1 . Making of the North Mexican States and Organization of their Govern¬ 
ment^ 1675-1819. 


Coahuila and Tamaulipas. 

Texas made a Separate Province. 
The Boundaries: 

Southwestern. 

Northeastern. 


The Boundaries: 

Northwestern. 

The Provincias Internas. 

Dispute with the United States about 
the Northeastern Boundary. 


2 . Coming of the Anglo-Americans, 1800-1831. 


(1) Filibustering Inroads, 1800-1821. 
Nolan’s Expedition, 1800-1801. 
Magee’s Invasion, 1812-1813. 

The Galveston Island Republic, 
1816-1821. 

Le Champ d’Asile, 1818. 

Long’s Invasion, 1819-1821. 
Independence of Mexico, 1821; 
and Union of Coahuila and 
Texas, 1824. 

164 


(2) Colonization, 1821-1831. 

Austin’s Colony: 

The Grant to Moses Austin, 
1821. 

The Colony Planted by Stephen 
F. Austin. 

The First Settlement, 1821. 
The Grant Confirmed, 1823. 
Government of the Colony. 
The Empresario System. 







APPENDIX. 


155 


3 . The Revolution, 1827-1836. 


Troubles of the Mexican Govern¬ 
ment with the Anglo-Ameri¬ 
cans. 

Decrees Obnoxious to the Colo¬ 
nists. 

The Fredonian War, 1826-1827. 

Restrictive Policy of Mexico to¬ 
ward the Colonists. 

The Mexican Troops withdrawn 
from Texas, 1832. 


Demands of the Colonists. 
Resistance to Santa Anna’s Dicta¬ 
torship. 

Outbreak of the Revolution, 1835. 
The Consultation, 1835, and the 
First Provisional Government, 
1835-1836. 

Sam Houston. 

The War with Mexico, 1835-1836. 


III. THE REPUBLIC, 1836-1845. 
The Independent Period. 


The Declaration of Independence, 
March 2, 1836. 

The Constitution of the Republic : 
General Provisions. 

Slavery. 

Public Lands. 

Education. 

The Second Provisional Govern¬ 
ment, 1836. 


The Regular Organization, 1836. 
Recognition by Other Powers. 
Difficulties of the Independent Re¬ 
public. 

The Government Reorganized. 
Annexation to the United States, 
1845. 


IV. THE STATE, 1845- 


War with Mexico, 1846-1848. 

The Boundaries of Texas Fixed. 
Except as to Greer County, 
1850. 

Greer County Adjudged to the 
United States, 1896. 


Civil War and Reconstruction, 1861- 
1870. 

Present and Future of Texas. 
Elements of the Population. 
Resources. 

Prospects. 


III. THE GOVERNMENT OF TEXAS. 
I. FUNCTIONS OF THE GOVERNMENT. 


1. Of the State Government. 

The Self-sustaining Function. 
The Financial System. 
Revenue and Taxation. 
Appropriations. 

The Military System : 
Rangers. 

The Militia. 

The Reserve Militia. 

The Volunteer Guards. 
Elections. 

The Regulative Function : 
Suppression of Crime. 
Regulation of Civil Rela¬ 
tions. 

Public Instruction ; 

Organization of the System. 
The Public Schools. 


Public Instruction : 

The State University. 

The Agricultural and Me¬ 
chanical College. 

The Sam Houston Normal 
Institute. 

The Prairie View Normal 
School for Colored Teach¬ 
ers. 

Revenue for Educational Pur¬ 
poses : 

Permanent Funds. 

Available Funds. 

Other Functions. 

2. Functions of Municipal Govern¬ 
ment. 

Nature of Municipal Govern¬ 
ment. 









156 


APPENDIX. 


(1) County Government: 

Local Performance of State 
Functions by the 
County. 

Management of Special 
County Interests. 


(2) City, Town, or Village Gov¬ 
ernment : 

Police. 

Taxation. 

Education. 

Industrial Functions. 


II. ORGANIZATION OF THE GOVERNMENT. 


1. The Popular Political Organiza¬ 

tion. 

Political Eights and Privileges: 
The Citizen. 

The Voter. 

The Popular Will: 

Political Parties. 

Primaries and Conventions. 
Mass Meetings. 

2. The Official Organization. 

The Official; 

Qualifications. 

Elections. 

Appointments. 

Removals. 

(1) The State Government. 

а. The Legislative: 

The Legislature. 

The Senate. 

The House of Represen¬ 
tatives. 
Law-making: 

How Bills become 
Laws. 

Committee Work. 

The Governor’s Mes¬ 
sage. 

The Veto Power. . 
Restrictions upon the 
Legislature. 
Filibustering. 

б. The Executive. 

Functions and Organiza¬ 
tion : 

Elected Executive Offi¬ 
cials : 

The Governor. 

The Lieutenant-gov¬ 
ernor. 

The Comptroller of 
Public Accounts. 
The State Treasurer. 
The Commissioner of 
the General Land 
Office. 

The Attorney-general. 
The State Superin¬ 
tendent of Public 
Instruction. 


Elected Executive Officials: 

The Railroad Com¬ 
missioners. 

Appointed Executive Offi¬ 
cials : 

The Secretary of 

State. 

The Commissioner of 
Agriculture, Insur¬ 
ance, Statistics, and 
History. 

The Adjutant-general. 

The State Health 

Officer. 

The Revenue Agent. 

Administrative Boards: 
Board of Education. 
Regents of the Uni¬ 
versity. 

Directors of the 
Agricultural and 
Mechanical Col¬ 
lege. 

Local Board of Direc¬ 
tors for Sam Hous¬ 
ton Normal Insti¬ 
tute. 

Trustees of Asylums. 
Penitentiary Com¬ 
missioners. 
Trustees of the House 
of Correction and 
Reformatory. 
Pardon Advisers. 
Board of Public 
Printing. 

State Board of Equal¬ 
ization. 

c. The Judicial. 

Functions and Organiza¬ 
tion. 

The Courts: 

The Supreme Court. 

The Court of Crim¬ 
inal Appeals. 

The Courts of Civil 
Appeals. 

District Courts. 

County Courts. 




APPENDIX. 


157 


The Courts: I 

Commissioners’ 
Courts. 

Justices’ Courts. 

Mayors’ or Eecorders’ 
Courts. 

Clerks of the Courts. 
The Jury System. 

The Grand Jury. 

The Petit Jury. 

(2) Local Government. 

The Organs of Local Gov¬ 
ernment. 

Powers of Local Self-Gov¬ 
ernment, 
a. The'County. 

The County at Large: 
Relation of the County 
to the State. 
Organization of the 
County Govern¬ 
ment : 

The Commissioners’ 
Court in its Ad¬ 
ministrative Ca¬ 
pacity. 

The County Officials: 
The Sheriff. 

The Assessor. 

The Collector. 

The Treasurer. 

The County At¬ 
torney. 

The County Super¬ 
intendent of i 


Public Instruc¬ 
tion. 

The County Sur¬ 
veyor. 

Notaries Public. 
The Precinct. 

The Commission¬ 
er’s Precinct. 

The Justice’s Pre¬ 
cinct : 

The Justice of 
the Peace. 

The Constable. 
h. The City, Town, or Vil¬ 
lage. 

Functions and Classifi¬ 
cation : 

(а) “Towns and Vil¬ 

lages.” 

(б) “Cities and 

Towns” Incor¬ 
porated under 
General Law. 
The City Council. 
The City Execu¬ 
tive and Judicial 
Officers: 

The Mayor. 

The Marshal. 

The Secretary. 
The Recorder. 
Other Officials. 

(c) Cities Incorporated 
under Special 
Charters. 







[The references are to paragraphs.] 


lege, 77. 

Anglo-Americans, 19, 27, 33. 
Annexation, 53. 

Appeal, 129. 

Appointments, 101. 
Appropriations, 63. 

Assessor, 148. 

Asylums, 83. 
Attorney-general, 119. 

Austin, Moses, 28. 

Austin, Stephen F., 29. 
Australian ballot, 69. 
Available funds, 82. 

Bastrop, Baron de, 28. 
Board of Education, 127. 
Board of Public Printing, 127. 
Boundary, northeastern, 15. 
Boundary, northwestern, 16, 
Burnet, David G., 48. 


Clerks of courts, 137. 

Coahuila, 12, 14. 

Coahuila and Texas, State of, 26. 
Collector, 149. 

Commissioner of agriculture, insur¬ 
ance, statistics, and history, 123. 
Commissioner of general land office, 
118. 

Commissioners’ courts, 134, 145. 
Committee work, 108. 

Common law, 52. 

Comptroller, 116. 

Confederate Home, 83. 

Constable, 159. 

Constitution of the Eepublic, 44. 
Constitution, the, 3. 

Consultation, 40. 

Convention of 1836, 43. 

Conventions of 1832 and 1833, 37. 
Cos, General, 39, 40. 

County, a local agency of the State, 
85. 

County attorney, 151. 

County courts, 133. 

County government, 85, 86. 

County superintendent of public 
instruction, 152. 

County surveyor, 153. 

County treasurer, 150. 

Court of criminal appeals, 130. 
Courts of civil appeals, 131. 

Crozat, 9. 

Declaration of independence, 
43. 

Directors of Agricultural and Me- 
j chanical College, 127. 


Call of the house, 112. 

Charge to jury, 139, 140. 

Cities and towns, 87, 162. 

Cities incorporated under special 
charters, 170. 

Citizen, the, 92. 

City Council, 163. 

City secretarj^, 167. 

Civil law, 52. 

Civil war, 57. 

Classification of cities, towns, and 
villages, 87, 160. 

168 


Address, removal by, 120. 
Adjutant-general, 124. 

Ad valorem taxes, 62. 

Agricultural and Mechanical Col- 





INDEX. 


159 


District courts, 132. 

Education, 47, 90. 

Edwards, Hayden, 34. 

Elections, 69, 100. 

Empresario system, 32. 

Escandon, 12. 

Escolta, 7. 

Executive, the, 113. 

Fannin, J. W., 42. 

Filibustering inroads into Mexico, 

20 . 

Filibustering, legislative, 112. 
Florida, 8. 

Fort St. Louis, 6. 

Fredonian War, 34. 

Functions of city, town, or village 
government, 87. 

Function, regulative, 70. 

Function, self-sustaining, 61. 

Galveston, ceiminal court of, 
132. 

Galveston Island Eepublic, 23. 
Goliad, 39, 42. 

Gonzales, 39. 

Governor, 114. 

Governor’s message, 109. 

Grand jury, 139. 

Greer county, 56. 

Gutierrez, Bernardo, 22. 

Harris, criminal court of, 132. 
Hidalgo, 22. 

House of Kepresentatives, 106. 

Impeachment, 102. 

Industrial functions of city govern 
ment, 91. 

Isleta, 6. 

Judicial, the, 128. 

Jury system, 1.38. 

Justices’ courts, 1.35. 


Justice of the peace, 158. 

Lafitte, 23. 

Lallemand, 24. 

La Salle, 6. 

Law-making, 107. 

Le Champ d’Asile, 24. 

Legislative, the, 103. 

Legislature, 104. 
Lieutenant-governor, 115. 

Local directors of Sam Houston 
! Normal Institute, 127. 

Local government, organs of, 141. 

I Local government, powers of, 142. 
Long, James, 25. 

Louisiana, 18. 

Magee, Augustus, 22. 
i Marshal, 166. 

Mass meetings, 97. 

Mayor, 165. 

Mayors’ courts, 136. 

Medina river, 14. 

Military system, 64. 

Militia, 66. 

Missions, 7. 

Municipal government, nature of, 
84. 

Nolan, Philip, 21. 

Nominations, 96. 
j Notaries public, 1.54. 

Nueces river, 14, 54. 

Nuevas Filipinas, 8. 

Occupation taxes, 62. 

Officials, qualifications of, 99. 
Official, the, 98. 

Pardon advisors, 127. 

Permanent funds, 81. 

Petit jury, 140. 

Police, 88. 

Political parties, 95. 

Polk, 53. 








160 


INDEX. 


Poll tax, 62. 

Population, 58. 

Prairie View Normal School for 
Colored Teachers, 79. 

Precinct, commissioner’s, 156. 
Precinct, justice’s, 157. 

Presidios, 7. 

Primaries, 96. 

Provincias Internas, 17. 

Provisional government, the first, 
40. 

Provisional government, the second, 
48. 

Public instruction, 73. 

Public lands, 46. 

Public schools, 75. 

Railroad commissioners, 121. 
Rangers, 65. 

Recognition of Texas, 50. 
Reconstruction, 57. 

Recorder, 168. 

Recorders’ courts, 136. 

Reformatory, 83. 

Regents of University, 127. 
Regulation of civil relations, 72. 
Removals, 102. 

Reserve militia, 67. 

Resources of Texas, 59. 

Restrictions on legislation. 111. 
Revenue, 62. 

Revenue agent, 126. 

Revolution, the, 39. 

Rio Grande, 14. 

St. Denis, 9. 

Sam Houston, 41, 49. 

Sam Houston Normal Institute, 78. 
Sabine river, 18. 

San Felipe de Austin, 37. 


San Jacinto, 42. 

Santa Anna, 36, 37, 38, 42. 

Secretary of State, 122. 

Senate, 105. 

Sherifir, 147. 

Slavery, 45. 

Society, 1. 

State, the, 2. 

State board of equalization, 127. 
State health officer, 125. 

State superintendent of public in^ 
structiou, 120. 

State treasurer, 117. 

Statutes, the, 4. 

Suppression of crime, 71. 

Tamaulipas, 12, 14. 

Taxation, city, 89. 

Taxation, State, 62. 

Tax rolls, 148. 

Texas, the name, 8. 

Towns and villages, 161. 

Travis, W. B., 42. 

Trustees of asylums, 127. 

Trustees of House of Correction and 
Reformatory, 127. 

Tyler, 53. 

University, the State, 76. 
Unorganized counties, 143. 

Veto power, 110. 

Volunteer guards, 68. 

Voter, the, 93. 

War with Mexico, 42, 54. 
Washington on the Brazos, 43. 

Writ of error, 129. 

Zacatecas, 38. 


The End. 




MODEL TEXT-BOOKS, 


CHASE & STUARTS CLASSICAL SERIES. 

COMPRISING 

First Year in Latin, 

A Latin Grammar, 

A Latin Reader, 

Ccesar’s Commentaries, 

First Sijo Books of Mneid, 

YirgiVs Eclogues and Georgies, 
Cicero's Select Orations, 
Horace's Odes, Satires, and Epistles, 
Selections from Horace, with Lexicon, 
Sallust's Catiline et Jugurtha, 

Cicero De Senectute, et de Amicitia, 
Cornelius TAfepos, 

Cicero's Select Letters, Cicero de Officiis, 

Cicero's Tusculan Disputations, 

Cicero de Oratore, Juvenal, 

Terence, Tacitus, 


Ovid, Pliny, Livy. 



















Hart’s Composition and Rhetoric. 

New and Eevised Edition. 

For nearly a third of a century the original edition of this work 
was the standard school text-book on the subject; there are few 
schools in the country in which it has not been used. Its popu¬ 
larity was wide-spread and'lasting, and was due to the mani¬ 
fest merit of the book and its remarkable adaptation to the 
practical wants of students. 

The present revision of the book was made by Dr. James 
Morgan Hart, Professor of Ehetoric and English Philology in 
Cornell University, son of the author of the original work. The 
revision was inspired not only by the desire to perpetuate the 
literary life-work of his father, who was in his day an acknowl¬ 
edged leader in education, but also by the sincerest desire to 
guide, in a friendly spirit, the youth of the present day. 

In its new form. Hart’s Composition and Ehetoric is 
more nearly in accord with the views and the teachings of 
the leading educators of the day, and with the spirit of peda¬ 
gogical progress in this branch of study, than any other text¬ 
book on the subject. We believe that the work will commend 
itself to every progressive teacher. 

Easy Lessons in Natural Philosophy. 

For children. By Edwin J. Houston, Ph. D. 

Intermediate Lessons in Natural Philosophy. 

By Edwin J. Houston, Ph. D. 

Elements of Natural Philosophy. 

New and Eevised Edition. By Edwin J. Houston, Ph.D. 

While all portions of the book show the advances which have 
been recently made in the diflerent branches of physics, in 
none have these advances been so marked as in the general 
subjects of electricity and magnetism, Avhich have been thor¬ 
oughly brought up to date in an elementary manner. In all 
these changes the author has endeavored to present the matter 
in such a form as will permit it to be of practical use in the 
school-room. 

This book is designed for use in Graded Schools, High Schools, 
Academies, Seminaries, Normal Schools, etc. It gives the ele¬ 
ments of the science in a concise form and in logical sequence, 
so that the book forms a system of Natural Philosophy, and 
not a mere collection of disconnected facts. It is fully “up 
to the times” in every respect, and gives full descriptions of 
the most important discoveries made in Physical Science. 
The Electric Light, the Telephone, the Microphone, the 
Phonograph, the X-Eays, etc., are all described and illus¬ 
trated. Teachers will be well pleased with this book. It 
will give satisfaction wherever introduced. 







Elements of Physical Geography. New Edition. 
By Edwin J . Houston, Pli. D. 

Houston’s New Physical Geography is the realization of what a 
text-book on this subject should be. It is a book that will 
gladden the hearts of teachers and pupils. It is concise, com¬ 
prehensive, up to the times, and in every respect an ideal text-hook. 

Great care has been taken to avoid the mistake, common to 
most books of its class, of crowding both text and maps with a 
mass of technical detail which simply confuse and bewilder 
the pupil. As a working text-book for class-room use, Houston’s 
New Physical Geography stands to-day at the head of the list of 
similar works, and is practically without a peer. 

Christian Ethics; or. The Science of the Life of 
Human Duty. 

A New Text-Book on Moral Science. By Eev. D. S. Gregory, 
D. D., Late President of Lake Forest University, Illinois. 

Practical Logic; or, The Art of Thinking. 

By Eev. D. S. Gregory, D. D. 

Groesheck’s Practical Book-Keeping Series. 

By Prof. John Groesbeck, Late Prin. of the Crittenden Com¬ 
mercial College. In Two Volumes—viz.: 

College Edition, for Commercial Schools, Colleges, etc. 
School Edition, for Schools and Academies. 

An Elementary Algebra. 

A Text-Book for Schools and Academies. By Joseph W. Wil¬ 
son, A. M,, Late Professor of Mathematics in the Philadelphia 
Central High School. 

The Crittenden Commercial Arithmetic and 
Business Manual. 

Designed for the use of Teachers, Business Men, Academies, 
High Schools, and Commercial Colleges. By Professor John 
Groesbeck, Late Prin. of Crittenden Commercial College. 

A Manual of Elocution and Beading. 

Founded on Philosophy of the Human Voice. By Edward 
Brooks, Ph.D., Supt. of the Public Schools of Philadelphia; 
Late Prin. of State Normal School, Millersville, Pa. 

Elementary Botany. 

By W. A. Kellerman, Ph. D., Professor of Botany in Ohio 
State University. 

Tlie Phyto-Theca. 

An adjustable Herbarium Portfolio arranged for fifty speci¬ 
mens. By W. A. Kellerman, Ph. D. 






Practical IjCSSohs in Eleinentary Botany. 

A series of blank forms prepared as an aid to students of 
Botany. By W. A. Kellerman, Bh. D. 

A Course in Civil Governinent. 

By Francis Newton Thorpe, Professor of Constitutional His¬ 
tory in the University of Pennsylvania. 

“ If we were asked to name one book that was a fitting repre¬ 
sentative of the modern American text-book, we should name 
Thorpe’s Civics.” 

American Literatiire. 

A Text-Book for High Schools, Academies, Normal Schools, 
Colleges, etc. By A. H. Smyth, Prof, of Literature, Central High 
School, Philadelidiia. 

The Normal English Grammar. 

By Geo. L. Maris, Prin. of The George School, Newtown, Pa.; 
late Prin. of Friends’ Central High School, Philadelphia. 

Intended for use in Normal Schools, High Schools, Acad¬ 
emies, and the higher grade of schools generally. It is not a 
book for pupils beginning the study of English grammar. 

The Model Definer. 

A Book for Beginners, containing Definitions, Etymology, and 
Sentences as Models, exhibiting the correct use of Words. By 
A. C. Webb. 

The Model Etymology. 

Containing Definitions, Etymology, Latin Derivatives, Sen¬ 
tences as Models, and Analysis. With a Key containing the 
Analysis of every word which could present any diflSculties to 
the learner. By A. C. Webb. 

A Manual of Etymology. 

Containing Definitions, Etymology, Latin Derivatives, Greek 
Derivatives, Sentences as Models, and Analysis. With a Key 
containing the Analysis of every word which could present any 
dilficulties to the learner. By A. C. Webb. 

First Lessons in Physiology and Hygiene. 

With special reference to the Effects of Alcohol, Tobacco, etc. 
By Charles K. Mills, M. D. 

First Lessons in Natural Philosophy. 

For Beginners. By Joseph C. Martindale, M. D. 

A Hand-Book of Literature, 1 English 
A Short Course in Literature, J American. 

By E. J. Trimble, Late Professor of Literature, State Normal 
School, West Chester, Pa. 

Sliort Studies in Literature, English and American. 

By A. P. SouTHwiCK, A. M. 









A Hand-Book of Mytliolog-y. 

By S. A. Edwaeds, Teacher of Mythology 'u the Girls’ Normal 
School, Philadelphia. 

3000 Practice Words. 

By J. Willis Westlake, A. M., Late Professor in State Normal 
School, Millersville, Pa. Contains lists of Familiar Words often 
Misspelled, Difficult Words, Homophonous Words, Words often 
Confounded, Eules for Spelling, etc. 

Ill the School-Boom ; 

Or, Chapters in the Philosophy of Education. Gives 
the experience of nearly forty years spent in school-room work. 
By John S. Hart, LL.D. 

Oiir Bodies. 

By Charles K. Mills, M. D., and A. H, Leup, M. D. A series 
of five charts for teaching Anatomy, Physiology, and Hygiene, 
and showing the Effects of Alcohol on the Human Body. 

The Model Pocket-Reg^ister and Grade-Book. 

A Roll-Book, Record, and Grade-Book combined. Adapted to 
all grades of Classes, whether in College, Academy, Seminary, 
High or Primary School. 

The Model School Diary. 

Designed as an aid in securing the co-operation of parents. It 
consists of a Record of the Attendance, Deportment, Recita¬ 
tions, etc., of the Scholar for every day. At the close of the 
week it is to be sent to the parent or guardian for examination 
and signature. 

The Model Monthly Report. 

Similar to the Model School Diary, excepting that it is intended 
for a Monthly instead of a WeeMy report of the Attendance, 
Recitations, etc. of the pupil. 

The Model Roll-Book, No. 1. 

The Model Roll-Book, No. 2. 

The Model Roll-Book, No. 1, is so ruled as to show at a 
glance the record of a class for three months, allowing five 
weeks to each month, with spacing for weekly, monthly, and 
quarterly summary, and a blank space for remarks at the end 
of the quarter. 

The Model Roll-Book, No. 2, is arranged on the same 
general plan, as regards spacing, etc., excepting that each page 
is arranged for a month of five weeks; but, in addition, the 
names of the studies generally pursued in schools are printed 
immediately following the name of the pupil, making it more 
















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